CONSTRUCTION 

OF 

CLASSIFICATIONS  AND  TARIFFS 


ELVIN  S.  KETCHUM,  A.  B.,  Pd.  M. 

DIRECTOR,  THE  SHIPPERS  FREIGHT  SERVICE 


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CONSTRUCTION  OF  CLASSIFICATIONS 
AND  TARIFFS 

BY  ELVIN  S.  KETCHUM 

THIS  Technical  Lecture  Discusses:  Origin  of  Classifications— Principles  and  Practice— Uniformity— • 
Commodity  Tariffs— Creating  Tariffs— Joint  Tariffs— Association  Tariffs— Construction  of  Classifies 
don— Regulations  Governing  the  Filing  of  Freight  Tariffs  by  the  Commission. 

Industries  follow  the  railroads.  The  growth  of  any  sec- 
tion of  country  or  city  depends,  to  a high  degree  upon  its 
strategic  position  as  a transportation  center.  Unprece- 
dented transportation  facilities  have  brought  to  Chicago 
during  the  past  few  years  about  seventeen  thousand  indus- 
tries, making  it  surpass  in  population  twenty-four  cities  in 
the  United  States. 

The  combination  of  a good  supply  of  raw  materials  with 
industries  to  utilize  them,  and  transportation  facilities  to 
market  the  finished  products  has  been  the  principal  cause 
for  the  development  of  our  great  commercial  centers.  Pitts- 
burg for  some  time  has  been  the  center  of  the  steel  industry 
but  easier  access  to  ore  beds  and  better  transportation  facili- 
ties are  among  the  factors  which  are  now  transferring  the 
center  of  the  steel  industry  to  Gary,  Ind.,  at  the  foot  of  Lake 
Michigan. 

Gary  is  the  place  where  steel  for  coming  centuries  can  be 
made  cheaper  and  shipped  to  market  with  less  expense  than 
from  any  other  place  in  the  world.  No  element  which  would 
contribute  to  economy  in  manufacturing  and  maximum  of 
output  was  neglected  in  the  placing  and  designing  of  the 
Gary  plant.  Each  factor  was  analyzed— assembling  of  raw 
materials,  distribution  of  product,  existing  and  future  mar- 
kets, labor  supply  and  provision,  efficiency  of  workmen  and 
cost  of  site  for  unlimited  expansion. 

Assembling  of  raw  materials  and  distribution  of  product 
were  matters  of  transportation.  There  was  iron  ore  in  the 
Superior  Ranges,  coal  in  Southern  Illinois.  Where  could 
they  be  brought  together  with  least  cost  and  the  resulting 

180897 


4 


ELVIN  S.  KETCHUM 


steel  distributed  with  greatest  ease  and  economy?  Plainly 
not  at  the  coal  or  iron  mines,  each  remote  from  markets  and 
from  all  the  other  sources,  but  at  a point  between  these  cen- 
ters where  lake  carriers  and  railroads  could  meet  at  the 
threshold  of  the  biggest  market  and  lay  down  their  ore  and 
fuel  together  without  trans-shipment. 

Choice  of  location  for  the  new  plant  was  limited  to  Chi- 
cago or  its  vicinity,  which  is  the  central  market  of  the  richest 
industrial  region  of  the  country,  the  railroad  hub  of  the  con- 
tinent, a voracious  consumer  of  structural  steel,  and  the 
point  where  the  shortest  lake  .journey  could  be  linked  with 
the  shortest  haul  from  Virginia  coke  ovens  and  Illinois  coal 
shafts. 

This  industrial  development,  the  result  of  transportation 
conditions  which  is  going  on  at  Gary,  is  constantly  changing 
the  density  of  traffic  and  in  time  will  have  its  effect  on  rail- 
road tariffs  and  rates.  The  study  of  freight  rates  charged 
by  railroads  in  various  parts  of  the  United  States  therefore 
discloses  the  fact  that  these  rate  structures  have  been  deter- 
mined by  a multiplicity  of  factors.  Geographical  position, 
natural  resources,  relation  to  markets,  existing  transporta- 
tion facilities,  relation  to  the  waterways,  industrial  and  civic 
needs,  the  length  of  the  haul,  value  and  risk  in  transporting 
various  kinds  of  goods,  gradients  and  many  other  factors, 
which  have  caused  long  struggles  and  many  compromises 
have  all  been  taken  into  consideration  in  establishing  the 
present  rate  schedules. 

The  old  English  canals  collected  tolls  on  the  basis  of  a gen- 
eral classification  of  goods.  Thi  s has  developed  into 4 4 Charg- 
ing what  the  traffic  will  bear”  with  no  relation  to  what  it 
costs  the  transportation  companies  to  perform  the  service. 
It  is  obvious  that  it  costs  more  to  handle  some  kinds  of  goods 
than  others ; that  the  possibilities  of  risk  are  greater  with 
some  commodities  and  that  the  cost  of  transportation  differs 
with  railroads  in  accordance  with  their  efficiency  and  their 
strategetic  position.  If  actual  cost  of  service  could  be  easily 


CLASSIFICATIONS  AND  TARIFFS 


5 


determined  it  would  be  a very  easy  matter  to  establish  a rate 
for  the  shipment  of  all  kinds  of  goods. 

When  the  fixing  of  freight  charges,  where  they  can  best 
be  borne,  is  the  basis  of  classification  a very  intricate  problem 
arises.  This  principle  at  once  brings  up  the  relative  value  of 
the  various  articles  of  commerce  and  causes  the  complexity 
of  the  classifications  to  develop  with  our  industries.  Up  to 
1856  there  were  only  33  items  in  the  classifications.  Now  the 
number  runs  into  thousands  and  the  various  tariffs  into  mil- 
lions. When  the  Interstate  Commerce  Act  was  passed  in 
1887  most  all  of  the  various  railroads  had  a classification  of 
their  own.  Between  the  important  commercial  centers  there 
were  joint  rates  but  these  were  mostly  used  by  connecting 
or  competitive  lines. 

The  Interstate  Commerce  Law  however,  especially  that 
part  of  it  relative  to  the  long  and  short  haul  clause  made  it 
impractical  to  continue  with  the  conflicting  classifications 
and  therefore  an  attempt  was  made  to  unify  the  classes  of 
goods  by  a uniform  classification.  The  various  representa- 
tives of  the  railroads  however  could  not  agree  upon  uniform- 
ity of  classification,  but  three  general  classifications  were 
finally  adopted  which  are  not  made  by  the  railroads  them- 
selves but  by  committees  made  up  of  representatives  of  all 
the  railroads  operating  in  the  territories  where  the  classifica- 
tions have  jurisdiction. 

The  factors  which  must  be  taken  into  consideration  in  the 
classification  of  goods  as  stated  in  the  1897  report  of  the  In- 
terstate Commerce  Commission  are  as  follows:  “Whether 
commodities  were  crude,  rough,  or  finished ; liquid  or  dry  ; 
knocked  down  or  set  up ; loose  or  in  bulk ; nested  or  in  boxes, 
or  otherwise  packed;  if  vegetables,  whether  green  or  dry, 
desiccated  or  evaporated;  the  market  value  and  shipper’s 
representations  as  to  their  character;  the  cost  of  service, 
length,  and  duration  of  haul ; the  season  and  manner  of  ship- 
ment ; the  space  occupied  and  weight ; whether  in  carload  or 
less  than  carload  lots ; the  volume  of  annual  shipments  to  be 


6 


ELYIN  S.  KETCHUM 


calculated  on ; the  sort  of  car  required,  whether  ice  or  heat 
must  be  furnished ; the  speed  of  trains  necessary  for  perish- 
able or  otherwise  rush  goods ; the  risk  of  handling,  either  to 
the  goods  themselves  or  other  property ; the  weights,  actual 
and  estimated;  the  carrier’s  risk  or  owner’s  release  from 
damage  or  loss.” 

From  this  it  must  be  obvious  that  there  are  a multiplicity 
of  interests  which  must  be  considered  in  the  classification 
of  goods  and  that  if  these  interests  are  not  protected  by  some 
regulative  authority  there  are  many  chances  for  unjust  dis- 
crimination. The  Interstate  Commerce  Commission,  there- 
fore, has  been  given  authority  to  determine  the  classification 
of  goods  when  disputes  arise. 

The  Interstate  Commerce  Law,  however,  gives  to  the  rail- 
roads the  authority  to  fix  the  rates  to  be  charged  for  the 
transportation  of  the  various  articles  of  commerce;  but  it 
would  be  absolutely  impossible  to  fix  a separate  rate  on  every 
different  article  shipped.  The  city  of  Cleveland,  for  exam- 
ple, is  said  to  manufacture  over  127  thousand  different  kinds 
of  goods.  The  number  of  articles  manufactured  in  the 
United  States  for  which  rates  would  have  to  be  made  would 
make  freight  rate  tariffs  impracticable. 

In  order  to  best  meet  the  conditions  which  predominate,  it 
has  been  found  by  long  experience  that  the  most  practicable 
method  of  fixing  rates  is  by  making  classifications  for  the 
various  articles  of  commerce.  These  classifications  are  de- 
termined by  committees  composed  of  representatives  of  the 
various  railroads  which  make  a careful  study  of  the  needs 
of  the  carriers  and  the  industries.  One  of  these  committees, 
known  as  the  Southern  Classification  Committee,  sits  in  At- 
lanta, Ga.,  and  represents  the  interests  of  railroads  and  ship- 
pers in  the  territory  over  which  it  has  jurisdiction.  The 
Western  Classification  Committee  has  its  headquarters  in 
Chicago,  while  the  Official  Classification  Committee  sits  in 
New  York  City.  These  committees  make  the  classifications 

/ 


CLASSIFICATIONS  AND  TARIFFS 


7 


which  form  the  basis  for  establishing  rates  on  all  goods 
shipped  in  this  country  on  class  rates. 

Commodities  are  classed  high  when  they  sell  for  a high 
price ; low,  when  they  sell  for  a low  price  as  compared  with 
the  cost  of  transporting  them  to  market.  Another  principle 
which  determines  classification  is  the  value  of  articles  in 
comparison  to  the  space  they  occupy.  It  is  very  difficult  for 
one  not  familiar  with  the  principles  governing  classification 
to  understand  why  certain  articles  are  grouped  together  in 
various  classes. 

The  Official  Classification,  for  example,  has  six  distinct 
classes : Books,  liquors  and  shoes  are  placed  in  the  1st  class ; 
cotton,  eggs  and  ink  in  the  2nd  class ; stoves,  peanuts  and  ale, 
3rd  class ; ashes  and  wire,  4th  class,  etc.  Implements  of  agri- 
culture, on  account  of  the  space  they  occupy,  take  a double 
rate  unless  they  are 4 4 knocked  down”  in  which  case  they  are 
classified  regularly. 

When  goods  are  shipped  in  car-load  lots,  they  are  often 
put  in  the  lowest  class.  Rope  and  hay,  for  example,  is  1st 
class  in  less  than  car-load  lots,  but  5th  class  in  car-load  lots. 
Crackers  are  classified  as  4th  class  in  car-load  lots  and  1st 
class  in  less  than  car-load  lots.  It  must  be  understood  that  a 
car-lot  is  not  what  the  car  will  hold.  Classification  Com- 
mittees fix  the  minimum  rate  for  each  car.  In  the  Official 
Classification  Territory,  30  thousand  pounds  on  all  goods, 
excepting  when  not  otherwise  specified,  is  required  for  the 
car-load  lots. 

The  placing  of  the  same  kind  of  goods  in  a different  classi- 
fication when  shipped  in  different  quantities  as  in  less  than 
car-load  lots,  makes  it  possible  for  the  large  shipper  to  get  a 
lower  rate  on  the  same  goods  than  the  small  one  although 
this  is  strictly  contrary  to  the  intent  of  the  Interstate  Com- 
merce Act.  This  is  a kind  of  discrimination  which  has 
greatly  affected  the  business  of  the  small  manufacturer. 


8 


ELYIN  S.  KETCHUM 


The  Official  Classification  Committee,  however,  aims  to 
protect  the  Eastern  manufacturer.  The  Western  Classifica- 
tion Committee  and  the  Southern  Classification  Committee 
strive  to  promote  the  interest  of  the  jobber.  Yet  the  influ- 
ences which  the  large  shippers  bring  to  bear  upon  the  classi- 
fication committees  in  the  way  of  increasing  the  minimum 
rates  and  in  classifying  goods  high  which  are  not  shipped  in 
car-load  lots  make  it  extremely  difficult  for  those  who  have 
charge  of  the  classification  of  commodities  to  eliminate  dis- 
crimination. 

Conditions  today,  however,  are  not  as  disadvantageous  to 
shippers  as  they  were  before  the  classifications  of  the  coun- 
try were  consolidated  into  three  distinct  groups  with  their 
exceptions.  Before  the  three  classifications,  there  were  in 
the  eastern  trunk  line  territory  alone,  138  distinct  classifica- 
tions and  the  number  of  classifications  in  various  parts  of 
the  country  were  very  numerous,  making  it  almost  impos- 
sible for  manufacturers  to  ship  their  goods  to  distant  points. 

There  are  many  disadvantages  at  the  present  time  which 
every  shipper  experiences  with  the  three  predominating 
classifications.  If  through  rates  could  be  established  to  all 
points,  much  overcharging  could  be  avoided.  In  order  to 
meet  the  changing  conditions  of  all  manufacturers  in  all 
parts  of  the  country,  classification  committees  have  not  been 
able  to  agree  upon  a distinct  classification  for  all  commodi- 
ties. In  some  cases  a commodity  will  change  its  rate  three 
times  in  passing  to  its  destination.  Building  paper  is  3rd 
class  rate  in  the  Western,  rule  26  or  20%  below  3rd  class  rate 
in  the  Eastern,  and  5th  class  rate  in  the  Southern. 

Many  attempts  have  been  made  to  unify  the  classifica- 
tions. Although  uniform  classification  might  not  change  the 
cost  of  transportation  materially,  yet  it  would  determine 
the  relation  of  competitive  articles  of  commerce  and  often 
establish  the  places  at  which  they  could  be  most  advantage- 
ously marketed.  In  1890,  all  the  railroads  except  one  agreed 
to  uniform  classification.  This  was  followed  by  a demand  to 


CLASSIFICATIONS  AND  TARIFFS 


9 


consolidate  the  Western  and  Official  Classifications  but 
without  success.  This  fruitless  effort  to  establish  a uniform 
classification  for  goods  has  discouraged  the  railroad  traffic 
men  and  it  is  not  likely  that  a classification  can  ever  be 
agreed  upon  which  will  meet  all  the  traffic  trade  and  com- 
mercial conditions  of  the  country. 

At  the  present  time  there  is  in  Chicago  a uniform  classifi- 
cation committee  composed  of  the  representatives  of  the  va- 
rious railroads  working  upon  the  problem  but  traffic  experts 
have  few  hopes  that  their  labors  will  ever  produce  a classifi- 
cation which  will  be  accepted  by  the  transportation  com- 
panies. If  such  a classification  should  be  approved,  the  num- 
ber of  exceptions  to  it  would  naturally  have  to  be  so  numer- 
ous that  it  would  require  the  services  of  an  expert  to  inter- 
pret it.  Moreover,  it  is  believed  by  many  business  men  that 
if  the  classifications  were  interfered  with,  that  the  change  in 
rates  would  greatly  affect  business  conditions. 

Rates  which  are  established  bv  classifications  are  known 

*/ 

as  class  tariffs.  They  are  local  when  applied  between  points 
on  the  same  line  and  joint  when  two  or  more  connecting  lines 
are  parties  to  the  tariff.  Class  rates  are  more  easily  under- 
stood than  commodity  rates  which  are  special  rates  applying 
on  particular  kinds  of  goods  and  which  are  lower  than  regu- 
lar rates.  Commodity  rates  are  established  to  meet  the  par- 
ticular demands  of  certain  industries.  Sometimes  they  are 
made  to  build  up  a new  industry  in  a section  of  country 
where  there  is  little  commercial  development. 

It  is  obvious  that  all  railroads  cannot  make  the  same  com- 
modity rates  for  the  reason  that  the  cost  of  service  develops 
with  the  equipment  of  the  road,  its  strategic  position  and 
other  controlling  factors.  These  special  rates  depend  upon 
the  density  of  traffic,  equipment,  gradients,  etc.  In  a state- 
ment which  was  given  by  Mr.  J as.  J.  Hill  before  the  Senate 
Committee  on  Interstate  Commerce,  1905,  various  condi- 
tions for  establishing  commodity  rates  were  discussed.  Mr. 
Hill  said  4 4 If  I have  $100,000  profit  to  raise  and  100,000  tons 


10 


ELVIN  S.  KETCHUM 


of  freight  it  is  very  easy.  I must  make  a profit  of  $1  a ton. 
Now  if  you  give  me  200,000  tons  50  cents  a ton  will  be  suf- 
ficient ; and  if  you  give  me  400,000  tons  25  cents  a ton  will  be 
sufficient.  The  density  of  traffic  must  determine  the  rate. 
The  cost  varies  on  the  different  divisions  of  a railway. 
Among  sixteen  divisions  on  the  Great  Northern  we  found 
some  places  where  the  cost  is  three  times  as  much  as  in 
others.  If  the  average  rate  or  the  average  cost  were  ap- 
plied to  some  divisions  the  rate  would  be  prohibitory  almost. 
We  have  divisions  where  the  amount  that  it  costs  us  for 
transporting  a ton  of  freight  100  miles  is  20  per  cent  higher 
than  the  average  rate  that  we  receive  from  the  public  for  the 
whole  road.” 

The  Interstate  Commerce  Commission  has  no  power  to 
fix  rates  but  since  classification  determines  the  relation  of 
rates,  the  courts  have  decided  that  the  Commission  can  deter- 
mine the  classification  of  each  article  and  on  complaint  from 
shippers,  ordered  the  classification  to  be  changed  if  it  creates 
discrimination.  This  follows  from  the  fact  that  classifica- 
tion does  not  depend  upon  the  cost  of  transporting  goods 
but  upon  the  relative  value  of  the  commodity. 

The  rate  for  transportation  must  show  a profit— over  and 
above  the  cost  of  carrying  the  articles  and  this  rate  is  agreed 
upon  by  the  transportation  committees.  The  Official  Classi- 
fication Committee  is  said  to  use  the  following  formula  in 
proportioning  this  chaTge:  (1)  bulk  and  space;  (2)  weight; 
(3)  value;  (4)  volume  of  traffic;  (5)  less  than  car-load  lots; 
(6)  car-load  lots.  Of  course,  carriers  adapt  their  classifica- 
tions to  the  development  of  trade.  They  are  interested  in 
the  growth  of  industries.  They  must  take  into  account  the 
effects  of  competition. 

The  classification  to  which  an  article  belongs  may  be  de- 
termined by  the  description  given  by  the  shipper.  In  the 
case  “ Andrews  Soap  Co.  vs.  The  C.  & St.  L.  Railway  Co.,  et. 
al.,”  it  was  decided  that  the  railroad  is  not  required  to  ex- 
amine articles  to  learn  their  real  value  or  quality  and  that 


CLASSIFICATIONS  AND  TARIFFS 


11 


the  description  of  the  article  given  by  the  manufacturing 
company  for  selling  purposes  may  be  lawfully  accepted  for 
fixing  a classification. 

After  all  this  discussion,  it  appears  that  a rational  classi- 
fication of  goods  must  take  into  account  a large  number  of 
conditions  and  principles  and  that  a rational  judgment  rela* 
tive  to  the  classification  to  which  any  kind  of  merchandise  be- 
longs, can  only  be  arrived  at  after  a careful  study  of  the 
whole  rate  schedule. 

There  was  a time  when  rebating  caused  gross  discrimina- 
tion among  shippers.  In  order  to  eliminate  secret  rates,  the 
Hepburn  Act  in  section  6 provides  that  the  commission  shall 
determine  how  all  rates  and  schedules  shall  be  filed  and  that 
said  schedules  shall  be  opened  for  inspection  thirty  days  be- 
fore they  become  affected.  It  is  also  provided  that  all  routes 
must  be  included  in  the  published  rates,  that  joint  rates  may 
be  used  by  all  shippers  without  discrimination  and  that  since 
all  freight  traffic  rates  are  open  for  public  inspection,  that  it 
is  presumed  that  all  shippers  know  the  rate  and  that  the 
schedule  published  by  law  speaks  with  an  equal  authority  to 
both  the  carrier  and  the  shipper. 

The  intent  of  the  Hepburn  Law  Amendment  is  to  the  effect 
that  all  tariff  schedules  shall  be  simple  and  filed  in  such  a 
way  that  no  one  can  mistake  reading  them.  It  is  a legal  duty 
of  all  carriers  to  make  their  rates  plain  and  their  schedules 
without  confusing  supplements.  All  rules  governing  ship- 
ments must  be  clearly  specified.  However,  the  railroads  and 
not  the  shippers  have  authority  to  determine  whether  or  not 
certain  kinds  of  goods  belong  to  certain  classifications.  This 
matter  was  covered  in  the  case  “ Joseph  Smith  vs.  Great 
Northern  Railway  Co.,”  as  follows:  “As  transportation 
companies  have  the  sole  right  to  fix  classification  sheets, 
without  any  voice  on  the  part  of  the  shipper,  it  follows  as  a 
matter  of  law  that  in  construing  the  same,  the  intention  of 
the  framers  thereof,  when  such  intention  can  be  ascertained, 
should  be  given  effect  regardless  of  the  intention  of  the 


12 


ELYIN  S.  KETCHUM 


shipper  or  of  local  usages  and  customs  relating  to  the  mean- 
ing of  terms  contained  therein.  ” 

All  rates  not  published  in  accordance  with  the  provisions 
of  section  6 of  the  Interstate  Commerce  Act  are  not  legal. 
The  only  rate  which  can  be  applied  to  any  shipment  is  that 
which  is  published  according  to  section  6 of  the  Law  and 
shippers  cannot  make  any  demand  upon  the  carrier  for  a 
rate  given  by  the  carrier’s  agent  if  not  legal.  Section  6 of 
the  Hepburn  Amendment  establishes  the  only  legal  rates  for 
the  transportation  of  goods  and  they  are  known  to  the 
shipper  who  seeks  them  as  well  as  the  transportation  com- 
pany. This  makes  transportation  a “ public  service  com- 
modity” with  the  shipper  as  buyer,  and  the  carrier  as  seller, 
and  it  is  rational  to  expect  that  each  shall  look  after  his  own 
end  of  the  trade. 

Section  6 of  the  Interstate  Commerce  Law  specifies : That 
every  common  carrier  subject  to  the  provisions  of  the  Act  to 
regulate  Commerce  shall  print  and  keep  open  to  public  in- 
spection schedules  showing  all  the  rates,  fares,  and  charges 
for  transportation  between  different  points  on  its  own  route 
and  between  points  on  its  own  route  and  points  on  the  route 
of  any  other  carrier  by  railroad,  by  pipe  line,  or  by  water 
when  a through  route  and  joint  rate  have  been  established. 
If  no  joint  rate  over  the  through  route  has  been  established, 
the  several  carriers  in  such  through  route  shall  file,  print, 
and  keep  open  to  public  inspection,  as  aforesaid,  the  sepa- 
rately established  rates,  fares  and  charges  applied  to  through 
transportation. 

The  schedules  printed  as  aforesaid  by  any  such  common 
carrier  shall  plainly  state  the  places  between  which  property 
and  passengers  will  be  carried,  and  shall  contain  the  classi- 
fication of  freight  in  force,  and  shall  also  state  separately  all 
terminal  charges,  storage  charges,  icing  charges,  and  all 
other  charges  which  the  Commission  may  require,  all  privi- 
leges or  facilities  granted  or  allowed  and  any  rules  or  regu- 
lations which  in  any  wise  change,  affect,  or  determine  any 


CLASSIFICATIONS  AND  TARIFFS 


13 


part  or  the  aggregate  of  such  aforesaid  rates,  fares,  and 
charges,  or  the  value  of  the  service  rendered  to  the  passen- 
ger, shipper,  or  consignee. 

Such  schedules  shall  be  plainly  printed  in  large  type,  and 
copies  for  the  use  of  the  public  shall  be  kept  posted  in  two 
public  and  conspicuous  places  in  every  depot,  station,  or  of- 
fice of  such  carrier  where  passengers  or  freight,  respectively, 
are  received  for  transportation,  in  such  form  that  they  shall 
be  accessible  to  the  public  and  can  be  conveniently  inspected. 
The  provisions  of  section  6 apply  to  all  traffic,  transporta- 
tion, and  facilities  defined  in  the  Act. 

The  Law  further  defines  that  no  change  shall  be  made  in 
the  rates,  fares,  and  charges  or  joint  rates,  fares,  and  charges 
which  have  been  filed  and  published  by  any  common  carrier 
in  compliance  with  the  requirements  of  the  section,  except 
after  thirty  days’  notice  to  the  Interstate  Commerce  Com- 
mission and  to  the  public  published  as  aforesaid,  which  shall 
plainly  state  the  changes  proposed  to  be  made  in  the  schedule 
then  in  force  and  the  time  when  the  changes,  rates,  fares,  or 
charges  will  go  into  effect ; and  the  proposed  changes  will  be 
shown  by  printing  new  schedules,  or  shall  be  plainly  indi- 
cated upon  the  schedules  in  force  at  the  time  and  kept  open 
to  public  inspection. 

The  Act  also  provides  that  the  Commission  may,  in  its  dis- 
cretion and  for  good  cause  shown,  allow  changes  upon  less 
than  the  notice  of  thirty  days,  or  modify  the  requirements 
of  the  section  in  respect  to  publishing,  posting,  and  filing  of 
tariffs,  either  in  particular  instances  or  by  a general  order 
applicable  to  special  or  peculiar  circumstances  or  conditions. 

The  names  of  the  several  carriers  which  are  parties  to  any 
joint  tariff  shall  be  specified,  and  each  of  the  parties  thereto, 
other  than  the  one  filing  the  same,  shall  file  with  the  Commis- 
sion such  evidence  of  concurrence  therein  or  acceptance 
thereof  as  may  be  required  or  approved  by  the  Commission, 
and  where  such  evidence  of  concurrence  or  acceptance  is  filed 
it  shall  not  be  necessary  for  the  carriers  filing  the  same  to 


14 


ELYIN  S.  KETCHUM 


also  file  copies  of  the  tariffs  in  which  they  are  named  as 
parties. 

Every  common  carrier  subject  to  the  Act  shall  also  file 
with  said  Commission  copies  of  all  contracts,  agreements, 
or  arrangements  with  other  common  carriers  in  relation  to 
any  traffic  affected  by  the  provisions  of  the  Act  to  which  it 
may  be  a party.  The  Commission  may  determine  and  pre- 
scribe the  form  in  which  the  schedules  required  by  this  sec- 
tion to  be  kept  open  to  public  inspection  shall  be  prepared 
and  arranged  and  may  change  the  form  from  time  to  time  as 
shall  be  found  expedient. 


CLASSIFICATIONS  AND  TARIFFS 


15 


REGULATIONS  ISSUED  BY  THE  INTERSTATE  COMMERCE 
COMMISSION  GOVERNING  THE  CONSTRUCTION  AND 
FILING  OF  FREIGHT  TARIFFS  AND  - 
CLASSIFICATIONS. 


Approved  June  28,  1909. 
Effective  September  1,  1909. 

(Except  as  noted  in  individual  items.) 


Tariffs  that  were  lawfully  on  file  with  the  Commission  on  May  1,  1907, 
and  that  have  not  since  that  time  been  superseded  or  canceled,  will,  except 
as  provided  in  paragraph  (g)  of  Rule  68,  be  considered  as  continued  in  force 
until  they  can  be  properly  reissued.  All  tariffs  issued  or  reissued  later  than 
September  15,  1909,  must,  except  as  otherwise  specified  herein,  conform  to 
all  these  rules.  The  Commission  may  direct  the  reissue  of  any  tariff  at  any 
time.  A tariff  publication  as  to  which  these  regulations  have  not  been  con- 
formed to  is  subject  to  rejection  by  the  Commission  when  tendered  for  filing. 

The  term  “joint  rate/’  as  used  herein,  is  construed  to  mean  a rate  that 
extends  over  the  lines  of  two  or  more  carriers  and  that  is  made  by  agreement 
between  such  carriers. 

“Joint  tariffs”  are  those  which  contain  or  are  made  up  from  such  “joint 
rates.” 


1.  All  tariffs  must  be  printed  on  hard  calendered  paper  of  good  quality 
from  type  of  size  not  less  than  6-point  full  face.  Stereotype,  planograph,  or 
other  printing-press  process  may  be  used.  Alterations  in  writing  or  erasures 
must  not  be  made  in  tariffs  before  filing.  Reproductions  by  hectograph  or 
similar  process,  typewritten  sheets,  or  proof  sheets  must  not  be  used  for  post- 
ing or  filing. 

2.  All  tariffs  must  be  in  book,  sheet,  or  pamphlet  form,  and  of  size  8 
by  11  inches.  Loose-leaf  plan  may  be  used  so  that  changes  can  be  made  by 
reprinting  and  inserting  a single  leaf. 

3.  The  title-page  of  every  tariff  shall  show : 

(a)  Name  of  issuing  carrier,  carriers,  or  agent. 

( b ) I.  C.  C.  number  of  tariff  in  bold  type  on  upper  right-hand  corner, 
and  immediately  thereunder,  in  smaller  type,  the  I.  C.  C.  number  or  num- 
bers of  tariffs  canceled  thereby.  If  the  number  of  canceled  tariffs  is  so  large 


16 


ELVIN  S.  KETCHUM 


as  to  render  it  impracticable  to  thus  enter  them  on  the  title-page,  they  must 
be  shown  immediately  following  the  table  of  contents,  and  specific  reference 
to  such  list  must  be  entered  on  title-page  immediately  under  the  I.  C.  C.  num- 
ber of  the  tariff.  Serial  numbers  of  carriers  may,  if  desired,  be  entered  below 
the  upper  marginal  line  of  title-page.  Separate  serial  I.  C.  C.  numbers  will 
be  used  for  freight  and  passenger  tariffs. 

(c)  Whether  tariff  is  local,  joint,  proportional,  or  a combination  of 
same. 

(d)  Whether  class,  commodity,  or  a combination  of  both,  and  the  terri- 
tory or  points  from  and  to  which  the  tariff  applies,  briefly  stated. 

(e)  Reference  by  name  and  I.  C.  C number  to  the  classification  and  ex- 

ception sheets  governing  the  tariff.  Following  form  will  be  used : “Gov- 
erned, except  as  otherwise  provided  herein,  by  the classification, 

, I.  C.  C.  No.  — , supplements  thereto  and  reissues  thereof;  and  by  ex- 

« ceptions  to  said  classification, 1.  C.  C.  No.  — , supplements  thereto  and 

reissues  thereof.”  A tariff  is  not  governed  by  a classification  or  exceptions 
thereto  except  when  and  to  the  extent  stated  on  the  tariff. 

( f ) Date  of  issue  and  date  effective.  Any  tariff  may  be  changed  upon 

statutory  notice  of  thirty  days,  or,  under  special  permission  from  the 
Commission,  upon  shorter  notice.  Therefore,  a provision  in  a tariff  that 
the  same,  or  any  part  thereof,  will  expire  upon  a given  date,  is  not  a guar- 
anty that  the  tariff,  or  .such  part  of  it,  will  remain  effective  until  that  date. 
The  Commission  considers  such  expiration  notices  undesirable,  as  many  com- 
plications have  arisen  through  their  being  overlooked.  Such  provision,  if 
used,  must  be  understood  to  mean  that  the  tariff,  or  specified  part  of  it, 
will  expire  upon  the  date  named  unless  sooner  canceled,  changed,  or  extended 
in  lawful  way.  On  such  tariffs  the  term  “Expires , unless  sooner  can- 

celed, changed,  or  extended,”  must  be  used. 

( g ) On  every  tariff  or  supplement  that  is  issued  on  less  than  thirty 
days7  notice  by  permission  or  order  or  regulation  of  the  Commission,  nota- 
tion that  it  is  issued  under  special  permission  or  order  of  the  Interstate 

Commerce  Commission,  No.  — , of  [date]  , or  by  authority  of 

Rule  — , Tariff  Circular  17-A,  or  by  authority  of  decision  of  the  Commission 
in  case  No. — . (See  Rule  II.) 

(h)  On  upper  left-hand  corner  of  tariffs  of  less  than  5 pages  and  on 
tariffs  issued  in  loose-leaf  form,  the  words:  “No  supplement  to  this  tariff 
will  be  issued  except  for  the  purpose  of  canceling  the  tariff.”  On  tariffs  con- 
taining 5 and  not  more  than  16  pages,  inclusive:  “Only  one  supplement  to 
this  tariff  will  be  in  effect  at  any  time.”  On  tariffs  containing  17  and  not 
more  than  111  pages,  inclusive:  “Only  two  supplements  to  this  tariff  will 
be  in  effect  at  any  time.”  On  tariffs  containing  over  111  pages:  “Only 
three  supplements  to  this  tariff  will  be  in  effect  at  any  time.” 


CLASSIFICATIONS  AND  TARIFFS 


17 


On  a tariff  which  provides  for  suspension  and  restoration  of  rail-and- 
water  rates,  as  authorized  by  Rule  12,  the  following  exception  should  be 
made  in  connection  with  the  above  notations:  “except  as  provided  for  in 
rule  — (or  item  — ),  page  — , of  this  tariff/’ 

(i)  Name,  title,  and  address  of  officer  by  whom  tariff  is  issued. 

4.  Tariffs  in  book  or  pamphlet  form  shall  contain  in  the  order  named : 

M Table  of  contents : A full  and  complete  statement  in  alphabetical 
order,  of  the  exact  location  where  information  under  general  headings,  by 
subjects,  will  be  found,  specifying  page  or  item  numbers.  If  a tariff  con- 
tains so  small  a volume  of  matter  that  its  title-page  or  its  interior  arrange- 
ment plainly  discloses  its  contents,  the  table  of  contents  may  be  omitted. 

(b)  Names  of  issuing  carriers,  including  those  for  which  joint  agent 
issues  under  power  of  attorney,  and  names  of  carriers  participating  under 
concurrence,  both  alphabetically  arranged.  If  there  be  not  more  than  ten 
participating  carriers  their  names  may  be  shown  on  the  title-page  of  the  tariff. 
The  form  and  number  of  power  of  attorney  or  concurrence  by  which  each 
carrier  is  made  party  to  the  tariff  must  be  shown. 

(c)  Alphabetically  arranged  and  complete  index  of  all  commodities 
upon  which  commodity  rates  are  named,  preceded  by  a paragraph,  viz: 
“Following  list  enumerates  only  such  articles  as  are  given  specific  rates; 
articles  not  specified  will  take  class  rates/5  All  of  the  items  relating  tfl 
different  kinds  or  species  of  the  same  commodity  will  be  grouped  together. 
For  example,  all  items  of  coal  under  “Coal,55  and  descriptive  word  or  words 
following,  as  “Coal,55  “Coal — Anthracite,55  “ Coal — Bituminous,55  etc. 

The  index  to  a general  commodity  tariff  shall  also  include  in  alphabetical 
order  all  articles  upon  which  commodity  rates  are  named  in  other  tariffs 
applying  from  any  point  of  origin  to  any  point  of  destination  named  in  the 
tariff,  and  with  such  entry  shall  be  shown  the  number  or  numbers  of  tariffs 
in  which  such  rates  are  found.  For  example,  “Lime,  I.  C.  C.  No.  122,55  or 
“Staves,  I.  C.  C.  No.  1042.55  Carriers5  tariff  numbers  may  be  also  shown. 

A commodity  item . which  refers  to  a list  of  articles  taking  one  com- 
modity rate  need  be  indexed  but  once  provided  reference  is  given  to  the 
item  or  the  I.  C.  C.  number  of  the  issue  that  contains  list  of  the  articles 
embraced  in  the  term.  For  example,  “Agricultural  implements,  as  described 
in  item  — of  this  tariff,55  or  “as  described  in  Western  Classification,  I.  C.  C. 

No.  — ;55  or  “Packing-House  Products,  as  described  in Tariff,  or  I.  C.  C. 

No.  — /5  When  such  specific  reference  to  list  of  articles  embraced  in  the 
term  is  given,  the  several  articles  so  embraced  need  not  be  indexed  separately. 

A local  tariff  on  a single  commodity,  or  a few  commodities,  shall  con- 
tain all  of  that  carrier’s  commodity  rates  on  such  commodity  or  commodities 
applying  from  any  point  of  origin  to  any  point  of  destination  named  in 
the  tariff;  and  a joint  commodity  tariff  shall  contain  all  of  the  initial 


18 


ELYIN  S.  KETCHUM 


carriers’  commodity  rates  on  the  same  commodity  or  commodities  applying 
from  any  point  of  origin  to  any  point  of  destination  named  in  the  tariff  via 
the  route  or  routes  authorized  by  the  tariff.  If  there  be  not  more  than  ten 
such  commodities  they  may  be  named  on  the  title-page  of  the  tariff. 

If  all  of  the  commodity  rates  to  each  destination  in  the  tariff  are  ar- 
ranged alphabetically  by  commodities,  and  plain  reference  thereto  is  given  in 
table  of  contents,  further  or  other  index  of  commodities  may  be  omitted  from 
that  tariff,  provided  that,  if  the  issuing  carrier,  or  a participating  carrier, 
has  in  other  tariff  or  tariffs  commodity  rates  applying  from  any  point  of 
origin  to  any  point  of  destination  named  in  the  tariff,  a complete  list  in 
alphabetical  order  by  commodities  of  such  other  tariffs,  together  with  de- 
scription of  character  of  traffic,  territory  or  points  of  origin  and  of  destina- 
tion, and  the  I.  C.  C numbers  of  tariffs  containing  such  commodity  rates 
shall  be  shown  in  the  first  part  of  the  tariff  and  shall  be  specifically  referred 
to  in  the  table  of  contents. 

Excepting  such  as  appear  in  a tariff  or  a supplement  to  a tariff  which  does 
not  require  an  index,  a commodity  rate  that  is  not  included  in  the  index  will 
be  treated  as  not  having  been  published  and  can  not  lawfully  be  used. 

(d)  An  alphabetical  index  of  points  from  which  rates  apply,  and  an 
alphabetical  index  of  points  to  which  rates  apply,  together  with  names 
of  States  in  which  located.  When  practicable,  the  index  numbers  of  points 
and  pages  upon  which  rates  will  be  found,  or  item  numbers  in  which  rates 
from  or  to  such  points  appear,  should  be  shown.  If  there  be  not  more  than 
12  points  of  origin  or  12  points  of  destination,  the  name  of  each  may,  if  prac- 
ticable, be  specified  on  title-page  of  tariff. 

If  a tariff  is  arranged  by  groups  of  origin  or  destination,  by  bases,  or  by 
bases  numbers,  the  indices  must  show  for  each  point  the  proper  group,  basis, 
or  basis  number. 

If  points  of  origin  or  destination  are  shown  throughout  the  rate  tables 
in  continuous  alphabetical  order,  or  are  shown  alphabetically  by  States  and 
such  States  are  alphabetically  arranged,  or  are  shown  by  groups  alphabetic- 
ally  arranged,  no  index  of  points  of  origin  or  destination  will  be  required. 
But  when  such  alphabetical  arrangement  in  rate  tables  is  used  the  table  of 
contents  shall  indicate  the  pages  upon  which  points  are  so  shown,  and  when 
arranged  by  States  or  groups  shall  give  specific  reference  to  the  pages  on 
which  rates  to  or  from  points  in  each  State  or  group  will  be  found. 

If  a tariff  is  constructed  so  as  to  state  rates  by  groups  or  bases,  and  also 
states  specific  rates  to  or  from  individual  points,  it  shall  contain  an  alpha- 
betical index  of  such  individual  points  and  also  alphabetical  lists  of  the 
points  in  such  groups,  or  reference  to  the  I.  C.  C.  number  of  issue  which 
contains  lists  of  such  group  points. 


CLASSIFICATIONS  AND  TARIFFS 


19 


Geographical  description  of  application  of  tariff  may  be  used  only  when 
the  tariff  applies  to  or  from  all  points  in  one  or  more  States  or  Territories 
or  when  it  applies  to  or  from  all  points  in  a State  or  Territory  except  those 
specified.  But  such  list  of  exceptions  for  a single  State  or  Territory  may  not 
exceed  one-third  of  the  number  of  points  in  that  State  or  Territory  to 
or  from  which  (as  the  case  may  be)  the  tariff  will  apply.  For  example, 
a tariff  may  state,  that  it  applies  from  all  points  in  New  York,  Pennsylvania, 
and  New  Jersey,  and  from  all  points  in  Delaware,  except  [here  give  alpha- 
betical list  of  excepted  points],  and  from  the  following  points  in  Ohio  [here 
give  alphabetical  list  of  Ohio  points]. 

Traffic  territorial  or  group  descriptions  may  be  used  to  designate  points 
to  or  from  which  rates  named  in  the  tariff  apply,  provided  a complete  list 
of  such  point*  arranged  by  traffic  territories  or  groups  is  printed  in  the 
tariff  or  specific  reference  is  given  to  the  I.  C.  C.  number  of  the  issue  that 
contains  such  list.  In  this  list  the  points  in  each  traffic  territorial  or  group 
description  shall  be  arranged  alphabetically,  and  the  name  or  names  of  roads 
upon  which  points  are  located  must  be  shown ; or  all  of  the  points  in  traffic 
territories  or  groups  named  in  the  tariff  may  be  included  in  one  alphabetical 
index,  provided  (1)  that  points  of  origin  and  points  of  destination  are 
shown  separately,  alphabetically;  (2)  that  the  name  or  names  of  road3 
upon  which  points  are  located  and  the  traffic  territorial  or  group  description 
in  which  they  belong  are  shown  opposite  the  several  points. 

(e)  Explanation  of  reference  marks  and  technical  abbreviations  used  in 
the  tariff,  except  that  a special  rule  or  provision  applying  to  a particular 
rate  will  be  shown  in  connection  with  and  on  same  page  with  such  rate. 

( f ) List  of  exceptions,  if  any,  to  the  classification  governing  the  tariff 
which  is  not  contained  in  exception  sheets  referred  to  on  title-page. 

(g)  Such  explanatory  statement  in  clear  and  explicit  terms  regarding 
the  rates  and  rules  contained  in  the  tariff  as  may  be  necessary  to  remove 
all  doubt  as  to  their  proper  application. 

( h ) Rules  and  regulations  which  govern  the  tariff,  the  title  of  each 
rule  or  regulation  to  be  shown  in  bold  type.  Under  this  head  all  of  the  rules, 
regulations,  or  conditions  which  in  any  way  affect  the  rates  named  in  the 
tariff  shall  be  entered,  except  that  a special  rule  applying  to  a particular 
rate  shall  be  shown  in  connection  with  and  on  the  same  page  with  such  rate. 

No  rule  or  regulation  shall  be  included  which  in  any  way  or  in  any 
terms  authorizes  substituting  for  any  rate  named  in  the  tariff  a rate  found 
in  any  other  tariff  or  made  up  on  any  combination  or  plan  other  than  that 
clearly  stated  in  specific  terms  in  the  tariff  of  which  the  rule  or  regulation 
is  a part. 

Tariffs  which  contain  rates  for  the  transportation  of  explosives  must 
also  contain  notice  that  such  rates  are  applicable  in  connection  and  in  com- 


20 


EL  YIN  S.  KETCHUM 


pliance  with  the  regulations  governing  the  transportation  of  explosives  fixed 
by  the  Interstate  Commerce  Commission.  If  tariff  is  governed  by  classifica- 
tion it  will  be  sufficient  to  include  this  notice  in  the  classification  referred  to 
as  governing  the  tariff.  (See  Rule  65.) 

A carrier  or  an  agent  may  publish,  under  I.  C.  C.  number,  post,  and  file 
a tariff  publication,  containing  the  rules  and  regulations  which  are  to  govern 
certain  rate  schedules,  and  such  publication  may  be  made  a part  of  such  rate 
schedules  by  the  specific  reference  “Governed  by  rules  and  regulations  shown 
in I.  C.  C.  No.  — .” 

When  a tariff  makes  reference  to  another  tariff  the  I.  C.  C.  number  of  such 
other  tariff  may  be  given,  and  when  such  tariff  referred  to  is  the  publication 
of  another  carrier  or  an  agent,  the  initials  of  such  other  carrier  or  the  name 
of  such  other  carrier  or  the  name  of  such  agent,  respectively,  must  be  shown 
in  connection  with  the  I.  C.  C.  number. 

A rate  schedule  may  in  like  manner  refer  to  another  schedule  for  the 
governing  rules  and  regulations. 

A schedule  or  a publication  so  referred  to  must  be  on  file  with  the  Com- 
mission and  be  posted  at  every  place  where  a schedule  that  refers  to  it  is 
posted. 

(i)  An  explicit  statement  of  the  rates,  in  cents  or  in  dollars  and  cents, 
per  100  pounds,  per  barrel  or  other  package,  per  ton  or  per  car,  together 
with  the  names  or  designation  of  the  places  from  and  to  which  they  apply, 
all  arranged  in  a simple  and  systematic  manner.  Minimum  carload  Weights 
must  be  specifically  stated.  Tariffs  containing  rates  per  ton  must  specify 
what  constitutes  a ton  thereunder.  A ton  of  2,000  pounds  must  be  specified 
as  “net  ton”  or  “ ton  of  2,000  pounds.”  A ton  of  2,240  pounds  must  be 
specified  a “gross  ton,”  “long  ton,”  or  a “ton  of  2,240  pounds.”  Complicated 
or  ambiguous  plans  or  terms  must  be  avoided. 

Note. — The  aim  and  tendency  will  at  all  times  be  in  the  direction  of 
uniformity.  It  is  not  considered  practicable  or  wise  to  undertake,  at  this 
time,  the  adoption  of  a uniform  form  of  stating  rates  in  the  several  locali- 
ties where,  from  peculiarities  of  conditions  and  long  custom,  representatives 
of  carriers  and  shippers  have  become  well  acquainted  with  certain  forms  es- 
pecially adapted  to  their  use  and  which  can  easily  be  made  to  conform  to 
these  general  rules.  Adoption  of  a uniform  form  is  a subject  of  such  im- 
portance as  to  warrant  the  more  exhaustive  investigation  and  consideration 
which  is  being  given  to  it. 

(j)  The  different  routes  via  which  tariff  applies  may  be  shown,  to- 
gether with  appropriate  reference  to  application  of  rates.  When  a tariff 
specifies  routing  the  rates  may  not  be  applied  via  routes  not  specified.  A 
tariff  may  show  the  routing  ordinarily  and  customarily  to  be  used  and  may 


CLASSIFICATIONS  AND  TARIFFS 


21 


provide  that,  if  from  any  cause  shipments  are  sent  via  other  junction  points 
but  over  the  lines  of  carriers  parties  to  the  tariff,  the  rates  will  apply. 

If  a tariff  contains  no  routing  directions  the  joint  rates  shown  therein 
are  applicable  between  the  points  specified  via  the  lines  of  any  and  all  carriers 
s that  are  parties  to  the  tariff ; and  shipper  must  not  be  required  to  pay  higher 
charges  than  those  stated  in  the  tariff  because  the  carriers  have  not  agreed 
divisions  of  the  rates  via  the  junction  through  which  the  shipment  moves. 
If  agent  of  carrier  bills  or  sends  shipment  via  a route  or  junction  point 
that  is  covered  by  the  tariff  but  via  which  no  division  of  the  rate  applies, 
it  is  for  the  carriers  to  agree  between  themselves  upon  the  division  of  the 
rate,  and  the  intermediate  or  delivering  carriers  may  demand  from  the  carrier 
whose  agent  so  missends  shipment  their  full  local  rates  for  the  services  which 
they  perform.  (This  must  not  be  construed  as  conflicting  with  routing  and 
misrouting  rulings  published  in  Conference  Rulings  Bulletins.) 

5.  (a)  The  practice  on  part  of  carriers  of  accepting  and  transporting 

through  shipments,  as  to  which  no  joint  rate  applies,  upon  rates  made  up 
by  combination  of  the  rates  of  the  several  carriers  participating  in  the  move- 
ment, and  of  collecting,  as  delivering  carriers,  the  aggregate  charges  of  the 
several  carriers  upon  such  shipments,  and  of  accounting  to  such  carriers  for 
their  several  portions  of  such  charges,  is  practically  universal.  That  custom 
has  the  same  binding  effect  as  a joint  rate,  both  as  between  carriers  them- 
selves and  as  between  carriers  and  shippers.  Therefore  carriers  may  apply 
to  through  shipments  rates  to  and  from  points  to  and  from  which  there  is  no 
applicable  published  joint  rate  by  using  lawfully  published  bases,  locals 
or  proportionals,  in  connection  with  other  lawfully  published  tariffs. 

( b ) Tariffs  containing  basing  or  proportional  rates  must  specify  clearly 
the  extent  and  manner  of  their  use,  and  tariffs  that  are  especially  intended 
for  use  in  connection  with  published  basing  rates  must  show  the  I.  C.  C.  num- 
bers of  tariffs  in  which  bases  can  be  found. 

A carrier  may  provide  in  its  tariffs  that,  in  the  absence  of  a specific  rate 
from  point  of  origin  to  destination  of  a through  shipment,  combination 
rate  to  or  via  certain  points  will  be  made  upon  specified  basing  point  or 
points,  or  by  using  certain  specified  tariffs  or  rates,  and  the  combination  rate 
so  specified  will  be  the  lawful  rate  for  that  shipment. 

If  shipment  moves  to  or  from  a point  directly  immediate  to  the  base  point 
upon  which  the  lowest  combination  makes,  such  combination  must  be  ap- 
plied ; and  it  is  not  necessary  to  haul  the  shipment  to  such  base  point  and 
back  again  to  or  through  point  of  origin  or  destination. 

Note. — Neither  this  rule  nor  any  portion  thereof  is  to  be  construed  as 
modifying  or  authorizing  departure  from  the  Commission’s  ruling  that  a 
specific  class  or  commodity  rate  between  two  points  is  the  lawful  rate  between 
those  points  regardless  of  any  combination  rate.  It  must  also  be  understood 


22 


ELVIN  S.  KETCHUM 


that  in  a case  where  the  lowest  combination  of  rates  makes  on  a base  point 
as  to  which  the  point  of  origin  or  of  destination  is  directly  intermediate,  a 
specific  rate  to  or  from  such  point  that  is  higher  than  such  combination  is 
included  in  the  Commission’s  ruling  that  a through  rate  that  is  higher  than 
the  combination  of  locals  between  the  same  points  is  prima  facie  unreason- 
able. It  must  be  further  understood  that  in  applying  the  lowest  combination 
when  it  makes  upon  a base  point  as  to  which  the  point  of  origin  or  of  destina- 
tion is  directly  intermediate,  the  Commission  expresses  no  opinion  as  to  the 
reasonableness  of  a rate  so  constructed. 

(c)  If  no  specific  rates  from  point  of  origin  to  destination  of  a through 
shipment  is  provided,  and  no  specific  manner  of  constructing  combination 
rate  for  it  is  prescribed,  the  lowest  combination  of  rates  applicable  via  the 
route  over  which  the  shipment  moves  is  the  lawful  rate  for  that  shipment. 

Such  combination  through  rate  must  be  treated  as  a unit  from  the  date 
of  original  shipment  to  the  date  of  its  arrival  at  destination,  and  the  rate  ap- 
plied must  be  the  combination  of  the  rates  which  exists  upon  the  date  of 
original  shipment.  All  of  the  conditions,  regulations,  and  privileges  ob- 
taining as  to  any  factor  in  such  combination  rate  for  through  shipment  at 
the  time  of  original  shipment  upon  such  combination  through  rate  must  be 
adhered  to  and  can  not  be  varied  as  to  that  shipment  during  the  period  of 
transportation  of  such  shipment  to  its  final  destination.  A local  or  propor- 
tional rate  “in”  can  not  be  absorbed,  diminished,  or  affected  by  any  “out” 
rate  not  in  effect  at  the  time  when  the  traffic  moved  upon  such  local  or  pro- 
portional rate. 

6.  (a)  The  terms  “common  points,”  “Southeastern  territory,”  or  simi- 
lar terms  shall  not  be  used  in  any  tariff  for  the  purpose  of  indicating  the 
points  from  or  to  which  rates  named  therein  apply,  unless  a full  list  of  such 
points  is  printed  in  the  tariff  or  specific  reference  is  given  to  the  I.  C.  C.  num- 
ber of  the  issue  that  contains  such  list. 

The  terms  “grain  products,”  “forest  products,”  “petroleum  and  its  prod- 
ucts,” “cotton-seed  products,”  or  similar  terms  must  not  be  used  in  any 
tariff  for  the  purpose  of  indicating  the  articles  to  which  the  rates  apply, 
unless  a full  list  of  the  articles  intended  to  be  included  in  and  covered  by 
such  terms  is  printed  in  the  tariff  or  specific  reference  is  given  to  I.  C.  C. 
number  of  issue  that  contains  such  list. 

(b)  Commodity  rates  must  be  specific  and  must  not  be  applied  to  anal- 
ogous articles. 

7.  (a)  In  every  instance  where  a community  rate  is  named  in  a tariff 
upon  a commodity  and  between  specified  points  such  commodity  rate  is  the 
lawful  rate  and  the  only  rate  that  may  be  used  with  relation  to  that  traffic 
between  those  points,  even  though  a class  rate  or  some  combination  may 
make  lower.  The  naming  of  a commodity  rate  on  any  article  or  character 


CLASSIFICATIONS  AND  TARIFFS 


23 


of  traffic  takes  such  article  or  traffic  out  of  the  classification  and  out  of  the 
class  rates  between  the  points  to  which  such  commodity  rate  applies. 

Class  rates  or  commodity  rates  may  be  made  for  specified  mixed  shipments 
and  will  be  the  lawful  rates  for  such  mixtures,  even  though  certain  parts  of 
the  mixtures  are  covered  by  class  or  commodity  rates  when  shipped  separately. 

( b ) If  the  alternative  use  of  class  or  commodity  rates  is  necessary  or 
desired  in  any  instance  it  may  be  provided  by  including  in  different  sections 
of  one  and  the  same  tariff  such  class  and  commodity  rates,  and  by  including 

in  each  section  the  specific  rule  “If  the  rates  in  Section of  this  tariff 

make  a lower  charge  on  any  shipment  than  the  rates  in  Section of  this 

tariff,  the  rates  in  Section will  be  applied/5  No  rates  may  be  so  included 

in  a tariff  for  alternative  use  excepting  such  as  the  carrier  or  agent  who 
issues  the  tariff  is  lawfully  authorized  to  publish  and  change ; that  is,  rates 
issued  by  another  carrier  or  agency  may  not  be  reproduced  for  such  alterna- 
tive use. 

(c)  Each  tariff  that  contains  class  rates  and  that  is  not  constructed  in 
sections  for  alternative  use  of  rates,  as  provided  in  paragraph  ( b ) of  this 
Eule,  and  that  is  issued  or  supplemented  hereafter,  shall  also  contain  a rule 
as  follows : 

Whenever  a carload  (or  a less-than-carload)  commodity  rate  is  estab- 
lished it  removes  the  application  of  the  class  rates  to  or  from  the  same 
points  on  that  commodity  in  carload  quantities  (or  less-than-carload  quan- 
tities, as  the  case  may  be). 

( d ) Each  tariff  that  contains  class  and  commodity  rates  and  that  is  con- 
structed in  sections  for  alternative  use  of  rates  as  provided  in  paragraph  (6) 
of  this  Eule,  and  that  is  issued  or  supplemented  hereafter,  shall  also  contain 
a rule  as  follows : 

Whenever  a carload  (or  less-than-carload)  commodity  rate  is  established 
it  removes  the  application  of  the  class  rates  to  or  from  the  same  points  on  that 
commodity  in  carload  quantities  (or  less-than-carload  quantities,  as  the  case 
may  be),  except  when  and  in  so  far  as  alternative  use  of  class  and  com- 
modity rates  that  are  contained  in  separate  sections  of  this  tariff  is  specifically 
authorized  herein. 

( e ) Each  classification  that  is  issued  or  supplemented  hereafter  shall 
contain  a rule  as  follows : 

Whenever  a carload  (or  a less-than-carload)  commodity  rate  is  established 
it  removes  the  application  of  the  class  rates  to  or  from  the  same  points  on 
that  community  in  carload  quantities  (or  less-than-carload  quantities,  as  the 
case  may  be),  except  when  and  in  so  far  as  alternative  use  of  class  and  com- 
modity rates  is  specifically  provided  for  by  including  in  different  sections 
of  one  and  the  same  tariff  such  class  and  commodity  rates,  and  by  including 
in  each  section  of  such  tariff  the  specific  rule,  “If  the  rates  in  Section  — of 


24 


ELVIN  S.  KETCHUM 


this  tariff  make  a lower  charge  on  any  shipment  than  the  rates  in  Section  — 
of  this  tariff  the  rates  in  Section  — will  be  applied.” 

8.  (a)  If  a tariff  or  supplement  to  a tariff  is  issued  which  conflicts  with 

a part  of  another  tariff  or  supplement  to  a tariff  which  is  in  force  at  the  time, 
and  which  is  not  thereby  canceled  in  full,  it  shall  specifically  state  the  por- 
tion of  such  other  tariff  which  is  thereby  canceled,  and  such  other  tariff 
shall  at  the  same  time  be  correspondingly  amended,  effective  on  the  same 
date,  in  the  regular  way ; that  is,  by  reissue,  if  tariff  is  of  less  than  5 pages, 
and  by  reissue  or  supplement,  if  tariff  is  of  more  than  5 pages.  Such  re- 
issue or  supplement  must  state  where  rates  will  thereafter  be  found  and  must 
be  filed  at  the  same  time  and  in  connection  with  the  tariff  which  contains  the 
new  rates.  It  will  not  be  necessary  to  give  on  commodity  tariff  or  supple- 
ment reference  to  class-rate  tariffs  that  may  be  affected,  nor  to  give  on  class- 
rate  tariffs  or  supplements  reference  to  commodity  tariffs,  except  as  pro- 
vided in  Rule  56. 

(b)  An  agent  who  acts  under  power  of  attorney  is  fully  authorized  to 
act  for  the  carriers  that  have  named  him  their  agent  and  attorney,  and,  there- 
fore, it  is  permissible  for  him  to  cancel  by  his  tariffs  issues  of  such  principals. 

A carrier  may  not  by  its  individual  tariff  cancel,  amend,  or  modify  a tariff 
filed  by  a duly  authorized  agent,  except  when  corresponding  amendment  to 
such  agent’s  tariff  is  filed  at  the  same  time  and  as  per  paragraph  (a)  of  this 
Rule. 

(c)  A concurrence  does  not  confer  authority  upon  either  carrier  or  agent 
to  cancel  tariffs  of  concurring  carrier,  and,  therefore,  tariffs  issued  under 
concurrences  may  not  assume  to  cancel,  or  carry  notation  of  cancellation  of, 
tariffs  of  and  issued  by  concurring  carriers.  Such  cancellations  must  be 
made  by  the  carrier  that  issued  the  tariff  that  is  to  be  canceled. 

(d)  If  a tariff  is  canceled  with  the  purpose  of  canceling  entirely  the 
rates  named  therein,  or  when,  through  error  or  omission,  a later  issue  failed 
to  cancel  the  previous  issue  and  a tariff  is  canceled  for  the  purpose  of  perfect- 
ing the  records,  the  cancellation  notice  must  not  be  given  a new  I.  C.  C.  num- 
ber, but  must  be  issued  as  a supplement  to  the  tariff  which  it  cancels,  even 
though  it  be  a tariff  of  4 pages  or  less,  and  even  though  the  tariff  may  at 
the  time  have  the  full  number  of  supplements  permitted  by  paragraph  (e)  of 
Rule  9. 

( e ) When  a tariff  or  a commodity  rate  is  canceled  by  supplement,  the 
cancellation  notice  must  show  where  rates  or  rate  will  thereafter  be  found  or 

what  rates  or  rate  will  thereafter  apply.  For  example : “Rate  in , I.  C. 

C.  No*.  — , will  apply,”  or  “Class  rates  will  apply,”  or  “Combination  rate  will 
apply,”  or  “No  rates  in  effect.” 

If  a tariff  is  canceled  with  the  purpose  of  applying  in  lieu  thereof  the 
rates  shown  in  some  other  tariff,  the  cancellation  notice  shall  make  specific 


CLASSIFICATIONS  AND  TARIFFS 


25 


reference  to  the  I.  C.  C.  number  of  tariff  in  which  such  rates  will  thereafter 
be  found.  Cancellation  of  a tariff  also  cancels  supplement  to  such  tariff, 
if  any  in  effect.  If  a tariff  is  canceled  by  the  issuance  of  a similar  tariff  to 
take  its  place,  cancellation  notice  must  not  be  given  by  supplement,  but  by 
notice  printed  in  new  tariff,  as  provided  in  paragraph  (6)  of  Rule  3. 

9.  (a)  A change  in  or  addition  to  a tariff  shall  be  known  as  an  amend- 

ment, and,  excepting  amendments  to  tariffs  of  less  than  5 pages,  and  amend- 
ments to  tariffs  issued  in  loose-leaf  form,  shall  be  printed  in  a supplement  to 
the  tariff  and  shall  refer  to  the  page  or  pages  or  item  or  items  of  the  tariff, 
or  of  previous  supplement,  which  it  amends. 

An  amended  item  must  always  be  printed  in  a supplement  in  its  entirety 
as  amended,  and  the  items  in  each  supplement  shall  be  arranged  in  the  same 
general  order  as  the  tariff  which  it  amends. 

(b)  A supplement  shall  contain  either  a list  of  carriers  participating 
therein,  or  shall  state  that  the  list  of  participating  carriers  is  “as  shown  in 
tariff/’  or  “as  shown  in  tariff,  except  [here  show  alphabetically  all  additions 
to  and  eliminations  from  the  original  list  that  are  effected  by  the  supplement, 
or  that  have  been  effected  by  previous  supplements].” 

(c)  Supplements  to  a tariff  shall  be  numbered  consecutively  as  supple- 
ments to  that  tariff  and  must  not  be  given  separate  or  new  I.  C.  C.  numbers. 
Each  supplement  shall  specify  the  supplement  or  supplements  which  it  can- 
cels, and  shall  also  show  on  its  title-page  what  supplements  are  in  effect 
and  that  such  effective  supplements  contain  all  changes.  For  example : “Sup- 
plement No.  — to  I.  C.  C No.  — .”  “Cancels  Supplements  Nos.  — and  — 
“Supplements  Nos.  — and  — are  in  effect  and  contain  all  changes.”  The 
term  “cancels  conflicting  portions”  must  not  be  used. 

( d ) A tariff  which  contains  reissued  items  brought  forward  from  a pre- 
vious issue  which  has  not  been  in  effect  thirty  days,  or  a supplement  which 
brings  forward  reissued  items  without  change  from  a former  supplement 
or  tariff,  must  not  bear  notation  “Effective  at  once,  except  as  noted,”  but 

instead  must  bear  the  notation  “Effective except  as  noted  in  individual 

items.”  Example : “Issued , 19 — , Effective , 19 — , except  as  noted 

in  individual  items.”  Reissued  items  brought  forward  without  change  must 
show  in  conspicuous  form  and  convenient  manner  the  following : “Reissue 
(in  black-face  type) ; effective  [date  upon  which  item  became  effective]  in 
I.  C.  C.  No.  — ” or  “in  Supplement  No.  — to  I.  C.  C.  No.  — .”  When  the 
reissued  item  became  effective  in  a former  supplement  to  the  same  tariff 
the  I.  G.  C.  number  of  the  tariff  may  be  omitted,  but  the  supplement  number 
must  be  given. 

Items  reissued  from  publications  that  were  on  file  prior  to  May  1,  1907, 
may  show  last  date  and  reference  prior  to  May  1,  1907. 


26 


ELVIN  S.  KETCHUM 


(e)  A tariff  of  less  than  5 pages  may  have  no  supplement ; change  therein 
may  be  made  only  by  reissue.  Not  more  than  one  supplement  may  be  in 
effect  at  any  time  to  a tariff  containing  5 and  not  more  than  16  pages.  Not 
more  than  two  supplements  may  be  in  effect  at  any  time  to  a tariff  contain- 
ing 17  and  not  more  than  111  pages.  Not  more  than  three  supplements 
may  be  in  effect  at  any  time  to  a tariff  containing  more  than  111  pages,  and 
such  third  supplement  may  be  issued  only  when  the  smaller  of  the  two 
effective  supplements  to  that  tariff  contains  not  less  than  10  per  centum  of 
the  number  of  pages  in  the  tariff. 

Tariffs  containing  5 or  more  pages,  including  title-pages  and  indexes, 
may  be  supplemented  to  the  following  extent  : 

Supplement  may  contain 

Number  of  pages  in  tariff.  (including  title-page  and  index) — 

5 and  not  more  than  16  pages 4 pages. 

17  and  not  more  than  32  pages 6 pages. 

33  or  more  pages 25  per  centum  of  the  number  of  pages 

in  tariff. 

A supplement  to  a tariff  which  has  the  effect  of  exceeding  the  above- 
indicated  number  of  pages  of  supplemental  matter  to  that  tariff  which  may 
be  in  effect  at  any  time  will  be  subject  to  rejection  when  offered  for  filing. 

Note. — The  changes  made  as  to  the  number  of  supplements  to  a tariff 
that  may  be  issued  or  that  may  be  in  effect  at  any  time  are  applicable  only 
to  tariffs  that  are  issued  after  May  12,  1909,  and  that  bear  on  their  title- 
pages  notations  in  harmony  with  paragraph  (e)  of  this  Rule  and  in  accord 
with  paragraph  (h)  of  Rule  3.  As  to  tariffs  heretofore  issued,  subsequently 
to  May  1,  1907,  the  notations  which  they  bear  as  to  issuance  of  supplements 
and  the  number  of  supplements  that  may  be  in  effect  at  any  time  must  be 
observed  until  such  tariffs  are  superseded  or  reissued. 

Tariffs  of  less  than  five  pages  that  were  filed  prior  to  May  1,  1907,  may 
not  be  further  supplemented  after  July  1,  1909.  Tariffs  of  five  or  more 
pages  that  were  filed  prior  to  May  1,  1907,  may  not  be  further  supplemented 
after  October  1,  1909,  except  by  bringing,  and  thereafter  maintaining,  the 
number  of  effective  aupplements  within  the  provisions  of  paragraph  (e)  of 
this  Rule. 

All  changes  in  and  additions  to  tariffs  issued  in  loose-leaf  form  must  be 
made  by  reprinting  both  pages  of  the  leaf  upon  which  change  is  made.  Such 
pages  must  not  be  given  supplement  numbers,  but  must  be  designated 
“First  revised  page  — ,”  “Second  revised  page  — etc.,  must  show  the 
I.  C.  C.  number  of  the  tariff,  the  issued  and  effective  dates,  and  the  name, 
title,  and  address  of  officer  by  whom  issued.  Changes  or  additions  must  be 
noted  by  proper  reference  marks.  When  no  change  or  addition  is  made  in 
one  of  the  pages  reprinted  it  must  bear  notation  “No  change  in  this  page.” 


CLASSIFICATIONS  AND  TARIFFS 


27 


(/)  If  a tariff  provides  that  it  will  be  reissued  periodically  at  specified 
times,  not  more  than  six  months  apart,  and  the  life  of  the  tariff  does  not 
exceed  six  months,  and  such  provision  is  strictly  observed,  supplements  to 
such  tariff  may  contain  all  amendments  thereto  between  such  specified  dates 
for  reissue,  without  limit  as  to  size.  Such  tariff  must  bear  on  upper  left- 
hand  corner  of  title-page  notation  ‘This  tariff  will  be  reissued  effective  on  or 
before  — , 19 — .” 

( g ) A supplement  of  five  or  more  pages  must  have  an  index  of  the 
matter  which  it  contains,  and  a supplement  of  more  than  23  pages  must 
also  contain  a table  of  contents. 

( h ) If  a tariff  is  filed  on  statutory  notice  canceling  another  tariff,  and 
after  such  filing  and  prior  to  the  effective  date  of  such  new  tariff  a supple- 
ment to  the  tariff  to  be  so  canceled  should  be  lawfully  issued,  rates  in  that 
supplement  could  not  continue  in  effect  for  the  thirty  days  required  by  law 
because  the  cancellation  of  the  tariff  also  cancels  supplements  to  it.  In  such 
a case  supplements  containing  changes  not  included  in  the  tariff  that  is  to 
become  effective  may  be  issued  as  supplements  both  to  the  tariff  in  effect  and 
to  the  tariff  on  file  that  will  effect  such  cancellation,  and  be  given  both  I.  C.  C. 
numbers.  In  other  words,  such  issue  must  be  a supplement  to  each  of  the 
tariffs,  and  copies  must  be  filed  accordingly.  A supplement  issued  under  this, 
Rule  containing  reissued  items  shall  note  in  connection  with  each  of  such 
items,  in  addition  to  the  date  effective  as  required  by  the  Rule,  that  the  re- 
issued items  expire  on  the  date  at  which  the  new  tariff  becomes  effective,  and 
that  the  new  tariff  will  apply  in  lieu  thereof ; and  such  reissued  items  must 
not  be  brought  forward  in  subsequent  supplements  to  the  new  tariff.  Such 
supplement  may  not  contain  any  changes  except  those  lawfully  made  by 
supplement  to  the  tariff  which  is  to  be  canceled  by  the  tariff  that  has  been 
filed  and  that  is  also  so  supplemented ; and  no  other  kind  of  supplement  to 
a tariff  that  is  on  file  and  not  yet  effective  may  be  made  effective  within  thirty 
days  from  the  effective  date  of  the  tariff  without  special  permission. 

The  provisions  of  paragraph  (e)  of  this  Rule  as  to  the  number  of  supple- 
ments to  a tariff  that  may  be  in  effect  at  any  time,  and  the  volume  of  supple- 
mental matter  they  may  contain  must  be  observed  in  connection  with  supple- 
ment issued  under  this  paragraph. 

(i)  In  case  of  change  of  ownership  or  control  of  a carrier,  the  carrier 
whose  line  is  absorbed,  taken  over,  or  purchased  by  another  carrier  shall  unite 
with  that  other  carrier  in  common  supplements  to  the  tariffs  on  file  with 
the  Commission,  on  the  one  hand  withdrawing  and  on  the  other  hand  ac- 
cepting and  establishing  such  tariffs  and  all  effective  supplements  thereto. 
Such  common  supplements  shall  be  executed  jointly  by  the  traffic  officers  of 
both  the  old  and  the  new  carriers,  shall  be  numbered  consecutively  as  supple- 
ments to  the  tariffs  (even  if  of  less  than  five  pages)  to  which  they  are  directed, 


28 


ELVIN  S.  KETCHUM 


and  may  be  made  effective  on  five  days’  notice  to  the  public  and  the  Com- 
mission by  noting  thereon  reference  to  this  Rule.  Amendments  to  such  tariffs 
must  thereafter  be  filed  in  consecutively  numbered  supplements  thereto  until 
the  tariffs  are  reissued.  New  tariffs  reissuing  or  superseding  these  shall  be 
numbered  in  the  I.  C.  C.  series  of  the  new  carrier. 

When  a road  or  a part  of  a road  is  transferred  from  the  operating  control 
of  one  company  to  that  of  another,  or  when  its  name  is  changed,  the  existing 
tariffs  issued  by  the  company  that  surrenders  control  must  be  withdrawn 
by  it  and  adopted  by  the  company  assuming  control,  as  provided  in  the  pre- 
ceding paragraph. 

(/)  As  to  tariffs  issued  by  other  carriers  or  joint  agents  under  con- 
currences or  powers  of  attorney  granted  by  the  old  carrier  or  company,  the  new 
carrier  or  company  shall,  if  it  intends  to  use  such  tariff  publications  and  rates, 
issue,  file,  and  post,  with  I.  C.  C.  number,  an  adoption  notice,  substantially 
as  follows : 

The  [name  of  carrier]  hereby  adopts,  ratifies,  and  makes  its  own,  in  every 
respect  as  if  the  same  had  been  originally  filed  and  posted  by  it,  all  tariffs, 
rules,  notices,  concurrences,  traffic  agreements,  divisions,  authorities,  powers 
of  attorney,  or  other  instruments  whatsoever,  filed  with  the  Interstate  Com- 
merce Commission  by  the  [name  of  old  carrier]  prior  to  [date]  the  beginning 
of  its  possession.  By  this  tariff  it  also  adopts  and  ratifies  all  supplements 
or  amendments  to  any  of  the  above  tariffs,  etc.,  which  it  has  heretofore  filed 
with  said  Commission. 

This  notice  may  be  made  effective  and  be  filed  on  immediate  notice. 

Similar  adoption  notice  must  be  filed  by  a receiver  when  assuming  posses- 
sion and  control  of  a carrier’s  lines. 

Concurrences  and  powers  of  attorney  so  adopted  by  a carrier  must,  as 
soon  as  possible,  be  replaced  and  superseded  by  new  concurrences  and  powers 
of  attorney  issued  by  and  in  the  name  of  the  new  carrier  or  company,  and 
in  each  instance  canceling  the  concurrence  or  power  of  attorney  superseded. 

The  carrier  surrendering  control  of  the  property  has  no  lawful  right  to 
abandon  its  tariffs  except  on  lawful  notice,  and  when  it  surrenders  control 
of  the  property  it  surrenders  all  right  to  publish  rates  or  fares  applicable 
thereto  except  under  proper  authority  from  the  carrier  or  company  to  whose 
control  the  property  passes.  The  public  has  a right  to  available  and  lawfully 
applicable  rates  and  fares  over  that  property. 

10.  (a)  Each  carrier  shall  publish,  with  proper  I.  C.  C.  numbers,  post, 

and  file  separate  tariffs  which  shall  contain  in  clear,  plain,  and  specific 
form  and  terms  all  the  terminal  charges  and  all  allowances,  such  as  arbitraries, 
switching,  icing,  storage,  elevation,  diversion,  reconsignment,  transit  priv- 
ileges, and  car  service,  together  with  all  other  privileges,  charges,  and  rules 
which  in  any  way  increase  or  decrease  the  amount  to  be  paid  on  any  ship- 


CLASSIFICATIONS  AND  TARIFFS 


29 


ment  as  stated  in  the  tariff  which  contains  the  rate  applicable  to  such  ship- 
ment, or  which  increase  or  decrease  the  value  of  the  service  to  the  shipper. 
Such  tariffs  must  stipulate  clearly  the  extent  of  such  privileges  and  the 
charges  connected  therewith,  and  shall  also  state  whether  or  not  the  rate 
published  by  the  initial  carrier  from  the  point  of  origin  to  ultimate  destina- 
tion will  apply.  If  the  through  rate  does  apply  it  must  be  as  of  the  date  of 
shipment  from  point  of  origin. 

If  such  privilege  is  granted  or  charge  is  made  in  connection  with  the  rate 
under  which  the  shipment  moves  from  point  of  origin,  the  initial  carrier's 
tariff  which  contains  such  rate  must  also  show  the  privilege  or  the  charge 
or  must  state  that  shipments  thereunder  are  entitled  to  such  privileges  and 
subject  to  such  charges  according  to  the  tariffs  of  the  carriers  granting  the 
privileges  or  performing  the  services,  as  “lawfully  on  file  with  the  Interstate 
Commerce  Commission.” 

( b ) If  a joint  rate  applies  to  or  from  a point  on  a terminal  or  switching 
road,  and  such  terminal  or  switching  road  receives  a division  of  said  rate 
which  is  not  absorbed  by  a connecting  carrier,  the  terminal  or  switching  road 
must  publish,  post,  and  file,  or  concur  in  and  post,  the  tariff  containing  the 
joint  rate. 

( c ) A switching  or  terminal  road,  even  though  its  lines  be  purely  in- 
trastate, must  publish,  post,  and  file  in  accordance  with  the  law  and  the  Com- 
mission's regulations  tariff  or  tariffs  containing  all  its  charges  upon  or  for 
movements  of  interstate  shipments;  and  this  must  be  done  whether  or  not 
any  part  or  all  of  such  terminal  or  switching  road’s  charges  on  such  shipments 
are  paid  or  absorbed  by  connecting  carriers. 

( d ) If  a switching  or  terminal  road’s  charges  are  to  be  added  to  the  tariff 
charges  of  a connecting  carrier,  the  tariff  of  such  connecting  carrier  quoting 
such  rates  to  or  from  the  point  at  which  such  terminal  or  switching  road  is 
located  must  clearly  state  that  shipments  thereunder  are  subject  to  additional 
charges  for  terminal  service  in  accordance  with  the  current  tariffs  of  terminal 
or  switching  road  as  same  are  on  file  with  the  Interstate  Commerce  Com- 
mission. 

( e ) If  part  or  all  of  the  charges  of  a terminal  or  switching  road  are 
to  be  absorbed  by  a connecting  road,  the  tariff  of  such  connecting  road  must 
specify  that  its  rate  includes  originating  or  delivery  services  by  the  terminal 
or  switching  road,  and  that  the  connecting  road  will  absorb  the  charges  of  such 
terminal  or  switching  road  in  a specified  sum,  or,  as  per  the  current  tariffs 
of  the  terminal  or  switching  road  (naming  it)  as  on  file  with  the  Interstate 
Commerce  Commission. 

( f ) When  connecting  carriers  other  than  terminal  or  switching  roads 
switch  for  each  other  and  absorb  part  or  all  of  each  other’s  charges,  their 
switching  charges  must  be  shown  in  lawfully  filed  and  posted  tariffs,  and  their 


30 


ELVIN  S.  KETCHUM 


tariffs  must  also  state  the  circumstances,  under  which  and  the  instances  in 
which  they  will  absorb  other  carrier’s  switching  charges,  and  must  specify 
that  such  absorption  will  be  in  a stated  sum  per  100  pounds,  per  ton  or  per 
car,  or,  as  per  tariffs  on  file  with  the  Interstate  Commerce  Commission. 

( g ) It  is  permissible  for  a carrier,  or  for  two  or  more  carriers,  to  issue 
a distance  tariff  for  use  in  determining  rates  on  its,  or  their,  own  lines,  but 
only  in  cases  where  no  other  rates  are  provided.  Such  tariff  must  bear  on  its 
title-page  the  following  notation : 

Rates  shown  herein  may  be  used  only  when  no  other  rates  apply.  When 
governed  by  classification  which  also  contains  distance  rates  they  will  take 
precedence  over  the  distance  rates  in  such  classification.  They  may  not  be 
used  either  by  themselves  or  in  combination  in  preference  to  any  specific 
tariff  rate. 

A distance  tariff  may  be  included  in  a tariff  of  specific  rates,  together  with 

the  following  rule : “If  the  use  of  the  distance  tariff  on  page of  this 

tariff  makes  a lower  charge  on  any  shipment  than  the  specific  rate  shown 
in  this  tariff  such  lower  charge  will  apply.” 

( h ) Every  carrier  that  uses  a distance  tariff,  which  is  or  may  be  used  in 
connection  with  rates  on  interstate  shipments,  must  incorporate  therein  an 
official  list  of  all  the  points,  in  connection  with  which  the  tariff  may  apply, 
showing  in  proper  arrangement  the  distances  between  them;  or  must  give 
therein  reference  by  I.  C.  C.  number  to  the  issue  that  contains  such  list. 

A carrier  may  show  in  a tariff  publication  under  I.  C.  C.  number  an  official 
list  of  its  points  and  may  show  therein  distances,  prepay  points,  billing  in- 
structions to  points  not  on  line  of  road,  etc.  If  such  publication  contains  no 
rates  and  no  rules  or  regulations  that  effect  the  charges  on  any  shipment, 
amendments  to  it  may  be  issued  on  one  day’s  notice  to  the  public  and  to  the 
Commission.  Such  supplement  so  issued  must  bear  on  title  page  notation 
“Issued  under  authority  of  Rule  10,  Tariff  Circular  17-A.”  If,  however,  such 
publication  contains  any  rate  or  any  rule  or  regulation  that  can  affect  a charge 
upon  any  shipment,  no  change  in  the  publication  may  be  made  except  on 
statutory  notice  or  on  special  permission  for  shorter  time.  No  supplement  to 
such  publication,  whether  issued  under  authority  of  this  rule  or  on  statutory 
notice  or  under  special  permission,  may  contain  notice  of  any  change  effective 
prior  to  the  effective  date  of  the  supplement. 

Rates  to  or  from  new  points  on  old  lines  or  road  may  not  be  established, 
nor  rates  to  or  from  old  points  be  withdrawn,  except  upon  statutory  notice  or 
under  special  permission. 

( i ) Note. — The  following  may  be  used  only  in  connection  with  publica- 
tions such  as  are  specified  in  paragraph  ( i ) of  this  Rule,  which  are  con- 
structed and  filed  in  accord  with  these  regulations,  and  which  are  filed  sub-» 
sequent  to  November  9, 1908 : 


CLASSIFICATIONS  AND  TARIFFS 


31 


A tariff  publication  confined  to  information  and  regulations  governing 
the  use  of  tank  cars  may  be  issued,  and,  except  as  hereinafter  specified,  may 
be  supplemented  only  on  statutory  notice  or  under  special  permission.  Sup- 
plements to  such  publication  which  contain  no  changes  except  additions  of 
cars  not  before  listed,  substitution  of  new  cars  for  old  cars,  changes  in  owner- 
ship of  cars,  and  corrections  in  capacities  of  cars  already  listed  may  be  issued 
and  made  effective  upon  one  day’s  notice  to  the  Commission  and  to  the 
public,  as  required  by  law. 

In  connection  with  this  Rule,  regulations  as  to  number  of  supplements  to 
a publication  and  the  volume  of  supplemental  matter  that  may  be  contained 
therein  (Rule  9)  must  be  observed;  and  when  changes  are  made  on  short 
notice  hereunder  and  are  incorporated  in  supplement  with  other  matter 
brought  forward  from  previous  supplement  such  other  matter  must  be 
plainly  noted  as  reissued  from  a former  supplement,  (see  paragraph  ( d ) 
of  Rule  9),  and  no  changes  except  those  above  specified  may  be  included. 

11.  Each  carrier  shall  publish  under  proper  I.  C.  C.  number,  post,  and 
file  a complete  index  of  tariffs  which  are  in  effect  and  to  which  it  is  a party 
either  as  an  initial  or  a delivering  carrier.  Such  index  shall  be  prepared 
in  sections,  as  indicated  below,  and  shall  show:  (a)  I.  C.  C.  number; 
(6)  carrier’s  own  number;  (c)  index  number;  ( d ) initials  of  issuing  road 
or  agent;  ( e ) issuing  road  or  agent’s  number;  ( f ) character  of  tariff  or 
description  of  the  articles  upon  which  it  applies;  (<7)  where  tariff  applies 
from ; (h)  where  tariff  applies  to. 

Note. — Items  ( b ),  (c),  and  (e)  may  be  omitted.  Items  ( f ),  ( g ),  and 
( h ) will  be  stated  in  concise  general  terms. 

First  section. — A list  of  all  the  tariffs  as  to  which  the  carrier  is  an  initial 
carrier.  Commodity  tariffs  to  be  entered  alphabetically  under  names  of 
commodities  or  principal  commodities.  Tariffs  applying  to  different  groups 
of  the  same  commodity  must  be  grouped  together;  e.  g.,  “Lumber — hard- 
wood ;”  “Lumber — yellow  pine,”  etc. 

Following  the  specific  commodity  tariffs  will  be  entered  the  general  com- 
modity tariffs,  the  class  and  commodity  tariffs,  and  the  class  tariffs.  Under 
each  of  these  heads  the  application  of  the  tariffs  will  be  described  by  alpha- 
betical arrangement  of  the  points  or  territory  from  or  to  which  they  apply, 
in  either  the  “From”  or  “To”  column. 

Under  the  head  of  “Miscellaneous  schedules”  will  follow  list  of  schedules, 
such  as  billing  books,  classifications,  exception  sheets,  switching  tariffs, 
terminal  charges,  etc.,  each  entered  in  alphabetical  order. 

Second  section. — List  of  all  tariffs  under  which  the  carrier  is  a delivering 
carrier  arranged  alphabetically  by  names  of  issuing  carriers  or  agents,  with 
the  items  arranged  by  commodities  and  classes  under  each  of  such  carriers 
or  agents,  as  prescribed  for  the  first  section. 


32 


ELVIN  S.  KETCHUM 


Third  section. — A complete  list  of  the  numbers  of  tariffs  of  its  own 
I.  C.  C.  series  arranged  in  numerical  order. 

If  carrier  so  desires,  lists  of  its  division  sheets,  official  circulars,  etc.,  may 
appear  in  this  publication.  Tariffs  covering  specific  circus  movements  and 
supplements  to  tariffs  need  not  be  included  in  indices. 

If  any  changes  are  made  the  index  must  be  revised  to  date,  either  by 
reissue  each  month,  or  by  supplement  each  month  and  reissue  every  six 
months.  If  supplements  are  used  they  must  be  constructed  in  accord  with 
specifications  as  to  construction  of  index,  and  shall  show  additions,  changes, 
and  cancellations  made  in  index  or  previous  supplement  thereto.  Not  more 
than  two  supplements  to  any  index  may  be  in  effect  at  any  time,  and  the 
provisions  of  paragraph  (c)  of  Rule  9 must  be  observed  with  relation  thereto. 

Each  index  must  bear  on  its  title-page  notations,  as  follows : “This  index 
contains  lists  of  tariff  publications  in  effect  on  [date  of  issue  of  index]”;  to 
which  may  be  added,  “or  which  have  been  filed  to  become  effective  at  a later 
date  as  shown  within.”  If  supplements  to  index  will  not  be  used,  “No  sup- 
plement to  this  index  will  be  issued” ; if  supplements  will  be  used,  “Only  two 
supplements  to  this  index  will  be  in  effect  at  any  time.” 

Each  supplement  to  index  must  bear  on  title-page  the  notation  “This 
supplement  contains  corrections  to  and  as  in  effect  on  [date  of  issue  of 
supplement]”;  to  which  may  be  added,  “or  which  have  been  filed  to  become 
effective  at  a later  date  as  shown  within.” 

The  title-page  of  index  or  of  supplement  must  show  the  date  of  issue 
thereof,  which  must  correspond  to  date  shown  in  notations  above  and  must 
not  bear  an  effective  date.  The  rule  requiring  thirty  days5  notice  does  not 
apply  to  these  indexes  and  their  supplements. 

Note. — This  rule  is  also  in  rules  governing  passenger  tariffs.  One  index 
containing  both  freight  and  passenger  tariffs  will  be  deemed  sufficient,  but 
if  both  are  included  in  one  index  it  must  be  given  an  I.  C.  C.  number  in  both 
freight  and  passenger  series  and  four  copies  must  be  sent  to  the  Commission. 

12.  Tariffs  containing  rail-and-water  rates  or  all-water  rates  applicable 
via  routes  upon  which  it  is  necessary  to  close  navigation  during  a portion 
of  the  year,  and  which  do  not  become  effective  and  expire  by  specified  ex- 
piration within  the  same  season  of  navigation,  may  provide  for  suspension 
and  restoration  of  the  rail-and-water  rates  and  the  all-water  rates  named 
therein  under  the  following  regulations : 

(a)  The  following  notation  shall  appear  on  the  title-page  of  the  tariff : 

The  rates  named  herein  for  rail-and-water  and  all-water  transportation 

are  subject  to  suspension  at  the  close  of  navigation  and  restoration  on  the 
opening  of  navigation  of  [here  insert  the  name  of  the  water  carrier  or 
carriers  specified  in  the  tariff]  on  notice  as  provided  on  page  — of  this  tariff. 

(b)  In  the  rules  governing  the  tariff  shall  appear  the  following : 


CLASSIFICATIONS  AND  TARIFFS 


33 


In  anticipation  of  opening  of  navigation  of  [here  insert  name  of  water 
carrier  or  carriers  named  in  the  tariff]  restoration  of  the  rail-and-water  and 
all-water  rates  contained  in  this  tariff  and  in  effective  supplements  thereto 
which  were  in  force  on  the  date  the  rates  were  last  suspended  or  which  have 
subsequently  been  made  effective,  will  be  announced  by  supplement  to  this 
tariff  which  will  be  filed  with  the  Interstate  Commerce  Commission,  be  posted 
at  points  from  which  the  rates  apply,  and  become  effective  not  less  than 
three  days  thereafter. 

Note. — This  effective  date  shall  not  be  such  as  to  allow  more  than  thirty 
days  at  point  of  transshipment  for  reforwarding  by  the  water  carrier. 

The  rates  in  this  tariff  and  in  supplements  thereto  for  rail-and-water  and 
all-water  transportation  are  effective  only  during  the  season  of  navigation 
of  [here  insert  the  name  of  water  carrier  or  carriers  named  in  the  tariff] 
until  [here  insert  date  upon  which  freight  can  be  forwarded  from  point  of 
shipment  and  with  reasonable  certainty  reach  the  point  of  transshipment 
prior  to  the  last  sailing  of  water  carrier].  From  that  date  and  until  an- 
nouncement by  supplement  to  this  tariff  of  the  date  which  wholly  suspends 
rates  for  the  season,  shipments  will  be  accepted  under  this  tariff  only  subject 
to  the  provision  that  in  the  event  of  such  shipments  being  in  excess  of  the 
available  vessel  capacity  at  time  of  arrival  at  port  of  transshipment  or  of 
arrival  too  late  for  forwarding  by  vessel,  the  same  will  be  forwarded  via 
all-rail  route  and  be  subject  to  the  tariff  rates  via  such  all-rail  route  in  effect 
on  the  date  of  shipment  from  the  point  of  origin;  shipping  receipts,  bills 
of  lading,  and  waybills  must  bear  notation  to  this  effect.  The  supplement 
announcing  the  close  of  navigation  and  the  suspension  of  rail-and-water  and 
all-water  rates  named  in  this  tariff  and  in  its  effective  supplements  will  be 
filed  with  the  Interstate  Commerce  Commission  and  will  be  posted  at  points 
from  which  the  rates  apply  not  less  than  three  days  in  advance  of  the  date 
upon  which  the  rates  will  be  suspended  from  points  of  original  shipment. 

(c)  Where  the  tariff  suspended  or  restored  under  this  Rule  applies  to 
joint  transportation  by  rail  and  river,  or  canal,  or  inland  lakes  other  than 
the  Great  Lakes,  such  tariffs  may  be  suspended  or  restored  on  a like  notice 
of  one  day  instead  of  three  days. 

( d ) Supplements  issued  under  this  Rule  announcing  suspension  and 
restoration  of  rail-and-water  and  water  rates  in  tariffs  must  not  contain 
anything  except  such  suspension  or  restoration  notice  or  notices.  Only  one 
such  supplement  announcing  suspension  or  restoration  of  the  rates  in  a 
tariff  may  be  in  effect  at  any  time,  and  such  supplement  will  not  be  counted 
against  the  number  of  supplements  permitted  to  such  tariff  under  Rule  9. 

(e)  Rail-and-water  and  all-water  rates  suspended  under  this  Rule  may 
be  reissued  or  amended  during  such  period  of  suspension  upon  statutory 
notice  the  same  as  though  the  rates  were  in  effect  and  active  use,  but  the 


34 


ELVIN  S.  KETCHUM 


restoration  of  the  rates  by  supplement  notice  will  not  advance  the  effective 
date  of  any  supplement  to  the  tariff  which  has  not  on  the  date  of  restoration 
become  effective.  Supplements  made  effective  prior  to  the  date  of  restora- 
tion will  be  made  effective  on  a given  date,  or  may  be  stated  to  be  “Effective 
with  restoration  of  tariff  and  supplements  for  season  of  19 — (to  be  an- 
nounced by  subsequent  supplement)  but  not  earlier  than  [statutory  notice] 
19 — , nor  earlier  than  noted  in  individual  items.” 

( f ) Statutory  notice  of  suspension,  withdrawal,  or  restoration  of  rates 
or  regulations  must  be  given  as  to  all  tariffs  that  do  not  contain  the  pro- 
visions of  paragraphs  (a)  and  (b)  of  this  Rule. 

( g ) The  provisions  of  Rule  10  will  also  apply  to  carriers  in  rail  and 
water  lines  and  to  tariffs  applying  on  such  lines,  and  in  addition  thereto, 
if  storage  or  transit  privilege  is  given  at  port  of  transshipment  on  the  Great 
Lakes  in  connection  with  a joint  rail-and- water  rate  upon  which  shipment 
moves  from  point  of  origin,  the  initial  carrier’s  tariff  which  contains  such 
rate  must  also  contain  the  privilege  or  the  charge,  or  give  specific  reference 
by  I.  C.  C.  number  to  the  tariff  of  the  carrier  that  grants  the  privilege  or 
performs  the  service  which  contains  such  regulations  and  charges  connected 
therewith. 

13.  (a)  Tariffs,  classifications,  and  exception  sheets  and  supplements 

thereto  shall  be  filed  with  the  Commission  by  proper  officer  of  the  carrier 
or  by  an  agent  designated  to  perform  that  duty,  and  concurrence  of  every 
carrier  participating  therein  must  be  on  file  with  the  Commission  or  ac- 
company the  tariff  or  supplement.  If  a carrier  authorizes  an  agent  to  file 
its  tariffs  or  classifications  and  exception  sheets  and  supplements  thereto,  or 
certain  of  them,  official  notice  of  such  authorization  and  of  acceptance  of 
responsibility  by  the  carrier  for  his  acts,  in  form  as  hereinafter  specified, 
must  be  filed  with  the  Commission. 

Such  authority  may  be  revoked  by  a carrier  upon  thirty  days’  official 
notice  to  the  Commission,  or  at  any  time  be  transferred  to  another  agent 
by  filing  with  the  Commission  notice  of  such  transfer,  accompanied  by  full- 
form  authorization  for  the  newly  named  agent. 

(b)  If  two  or  more  carriers  appoint  the  same  person  as  agent  for  the 
filing  of  tariffs  or  classifications  and  supplements  thereto,  each  of  them  will 
be  required  to  file  with  the  Commission  power  of  attorney  in  form  prescribed 
appointing  him  their  agent;  and  the  concurrence  of  every  other  carrier 
participating  in  any  tariff  or  classification  or  supplement  thereto  which  is 
filed  by  him  must  be  on  file  with  the  Commission  or  accompany  the  tariff. 

When  consolidated  form  of  concurrence  FX6,  FX7,  or  FX8  has  been 
used  and  additions  are  to  be  made  to  the  list  of  roads  for  which  such  agent 
acts  under  powers  of  attorney  the  necessity  for  a new  set  of  consolidated 
concurrences  presents  itself.  Trouble  and  inconvenience  can  be  avoided 


CLASSIFICATIONS  AND  TARIFFS 


35 


by  the  issuance  of  powers  of  attorney  authorizing  such  agent  to  receive  con- 
currences provided  in  Rules  23,  24,  and  25,  and  the  securing  of  new  con- 
currences will  be  comparatively  simple. 

( c ) Such  joint  agent  duly  authorized  to  act  for  several  carriers  must 
file  joint  tariffs  or  classifications  or  exception  sheets  under  I.  C.  C.  serial 
numbers  of  his  own. 

(d)  Tariffs  issued  by  a carrier  under  its  I.  C.  C.  numbers  may  include, 
under  proper  concurrences,  shown  therein,  rates  via,  and  to  and  from  points 
on  other  carriers’  lines  and  concurring  carriers  may  use  such  tariffs  for  post- 
ing at  their  stations.  Such  tariff  must  be  filed  by  the  issuing  carrier  and 
such  filing  will  constitute  filing  for  all  lawfully  concurring  carriers. 

(e)  The  agent  or  the  carrier  that  issues  a joint  tariff  publication  shall 
at  once  send  copies  thereof  to  each  and  every  carrier  that  is  named  as  party 
thereto. 

(/)  A carrier  that  grants  authority  to  an  agent  or  to  another  carrier  to 
publish  and  file  certain  of  its  rates  must  not  in  its  own  publications  publish 
rates  that  duplicate  or  conflict  with  those  which  are  published  by  such 
authorized  agent  or  other  carrier. 

(g)  If  an  agent  publishes  class  rates  and  does  not  also  publish  com- 
modity rates,  such  agent’s  class  tariff  must  carry  notation  that  the  commod- 
ity rates  of  the  carriers  parties  to  the  tariff  are  to  be  found  in  their  in- 
dividual issues,  and  that  where  so  found  they  take  precedence  over  class 
rates. 

If  an  agent  publishes  a part  but  not  all  of  the  commodity  rates  of  the 
carriers  for  which  he  acts,  all  of  his  tariffs  containing  commodity  rates  must 
bear  notation  that  commodity  rates  not  shown  therein  are  to  be  found  in 
the  carriers’  individual  issues,  and  where  so  found  ‘they  take  precedence 
over  class  rates. 

(h)  Rates  for  through  shipments  are  often  made  by  adding  together 
two  or  more  rates.  All  State  or  other  rates  used  in  combination  for  inter- 
state shipments  must  be  posted  at  points  from  which  they  apply  and  filed 
with  the  Commission,  and  can  only  be  changed  as  to  such  traffic  in  accordance 
with  the  terms  of  the  Act.  The  Commission  believes  it  proper  that  all  local 
tariffs  be  given  I.  C.  C.  numbers  and  be  posted  and  filed  with  the  Com- 
mission in  manner  prescribed  in  the  Act. 

14.  (a)  The  Act  requires  that  all  changes  in  rates,  or  in  rules  that 

affect  rates,  shall  be  filed  with  the  Commission  at  least  thirty  days  before  the 
date  upon  which  they  are  to  become  effective.  Manifestly  it  is  impossible 
for  the  Commission  to  check  the  items  in  tariffs  to  determine  whether  or  not 
the  statutory  notice  has  been  given.  The  title-page  of  every  tariff  or  sup- 
plement must  show  full  thirty  days’  notice,  except  as  provided  in  paragraph 
(g)  of  Rule  3. 


36 


ELVIN  S.  KETCHUM 


(b)  The  law  affirmatively  imposes  upon  each  carrier  the  duty  of  filing 
with  the  Commission  all  of  its  tariffs  and  amendments  thereto,  as  prescribed 
in  the  law  or  in  any  rule  relative  thereto  which  may  be  announced  by  the 
Commission,  under  penalty  for  failure  so  to  do,  or  for  using  any  rate  which 
is  not  contained  in  its  lawfully  published  and  filed  tariffs.  The  Commission 
will  give  such  consistent  assistance  as  it  can  in  this  respect,  but  the  fact  that 
receipt  of  a tariff,  or  supplement  to  a tariff,  is  acknowledged  by  the  Commis- 
sion, or  the  fact  that  a tariff,  or  supplement  to  a tariff,  is  in  the  files  of  the 
Commission  will  not  serve  or  operate  to  excuse  the  carrier  from  respon- 
sibility or  liability  for  any  violation  of  the  law,  or  of  any  ruling  lawfully 
made  thereunder,  which  may  have  occurred  in  connection  with  the  construc- 
tion or  filing  of  such  tariff  or  supplement. 

( c ) Thirty  days’  notice  to  the  public  and  to  the  Commission  is  required 
as  to  every  publication  which  it  is  necessary  for  a carrier  to  file  with  the  Com- 
mission, regardless  of  what  changes  may  or  may  not  be  effected  thereby. 

(d)  No  tariff  or  supplement  will  be  accepted  for  filing  unless  it  is  de- 
livered to  the  Commission,  free  from  all  charges  or  claims  for  postage,  the 
full  thirty  days  required  by  law  before  the  date  upon  which  such  tariff  or 
supplement  is  stated  to  be  effective.  No  consideration  will  be  given  to  or  for 
the  time  during  which  a tariff  or  supplement  may  be  held  by  the  Post- 
Office  Department  because  of  insufficient  postage.  A tariff  or  a supplement 
that  is  received  by  the  Commission  too  late  to  give  the  Commission  the  full 
thirty  days’  notice  required  by  law  will  be  returned  to  sender,  and  correction 
of  the  neglect  or  omission  can  not  be  made  which  takes  into  account  any  time 
elapsing  between  the  date  upon  which  such  tariff  or  supplement  was  re- 
ceived and  the  date  of  attempted  correction.  In  other  words,  when  a tariff 
or  a supplement  is  issued  and  as  to  which  the  Commission  is  not  given  the 
statutory  notice  it  is  as  if  it  had  not  been  issued,  and  full  statutory  notice 
must  be  given  of  any  reissue  thereof.  No  consideration  will  be  given  to  tele- 
graphic notices  in  computing  the  thirty  days’  notice  required.  For  tariffs 
and  supplements  issued  on  short  notice  under  special  permission  of  the 
Commission  full  thirty  days’  notice  is  not  required,  but  literal  compliance 
with  the  requirements  for  notice  named  in  any  permission  granted  by  the 
Commission  will  be  exacted  and  in  accord  with  the  policy  and  practice  above 
outlined. 

( e ) When  a schedule  is  rejected  by  the  Commission  as  unlawful,  the 
records  so  show  and,  therefore,  such  schedule  should  not  thereafter  be  re- 
ferred to  as  canceled,  amended,  or  otherwise  except  to  note  on  publication 

that  is  issued  in  lieu  of  such  rejected  schedule  "In  lieu  of rejected  by 

Commission nor  should  the  number  which  it  bears  be  again  used. 

(/)  Rates  prescribed  by  the  Commission  in  its  decisions  and  orders  after 
hearings  upon  formal  complaints  shall,  in  every  instance,  be  promulgated  by 


CLASSIFICATIONS  AND  TARIFFS 


37 


the  carriers  against  which  such  orders  are  entered  in  duly  published,  filed, 
and  posted  tariffs,  or  supplements  to  tariffs,  and  notice  shall  be  sent  to  the 
Uommission  that  its  order  in  case  No.  — has  been  complied  with  in  item  — , 

page  — of  — — tariff,  I.  C.  C.  No.  — , or  supplement  — to tariff,  I.  C.  C. 

No.  — . 

In  establishing  rates  or  regulations  under  an  order  of  the  Commission  in 
a formal  case,  carrier  or  carriers  that  are  actually  and  on  the  record  parties 
to  the  case,  or  that  are  lawful  parties  to  a joint  tariff  in  which  the  rate  or 
regulation  that  is  prescribed  is  published  by  some  carrier  that  is  party  to  the 
case,  may  include  in  the  change  or  changes  made  in  compliance  with  the 
Commission’s  order  commodity  or  commodities  that  are  grouped  with  that 
or  those  which  are  specified  in  the  order ; and  may  also  include  adjustment 
at  other  points  in  order  to  preserve  established  grouping  or  relation  of  points, 
and  may  also  include  adjustment  of  rates  to  same  points  on  other  commodities 
for  the  purpose  of  maintaining  established  relation  of  rates  between  com- 
modities : Provided , all  such  changes  made  by  authority  of  this  Rule  shall 
be  effected  by  reductions  in  rates  or  charges. 

If  carrier  that  is  not  so  party  to  the  case  or  to  the  joint  tariff  desires 
to  make  on  less  than  statutory  notice  the  same  changes  that  are  made  under 
the  order  by  carrier  that  is  party  to  the  same,  it  must  secure  special  permis- 
sion so  to  do. 

Unless  otherwise  specified  in  the  order  in  the  case,  such  tariff  or  supple- 
ment may  be  made  effective  upon  five  days’  notice  to  the  Commission  and  to 
the  public,  and  if  made  effective  on  less  than  statutory  notice,  either  under 
this  Rule  or  under  special  authority  granted  in  the  order  in  the  case,  shall 
bear  on  its  title-page  notation  “In  compliance  with  order  of  Interstate  Com- 
merce Commission  in  case  No. 

( g ) Circulars  announcing  or  explaining  the  attitude  and  course  of  car- 
riers under  injunction  of  a court,  relating  to  tariff  rates  or  regulations,  must 
not  be  issued  as  supplements  to  tariffs  nor  given  I.  C.  C.  numbers  unless  they 
are  issued  on  statutory  notice  or  under  special  permission  from  the  Com- 
mission for  shorter  time.  The  Commission  will,  however,  be  pleased  to  have 
copies  of  such  circulars  and  the  information  therein  contained. 

(h)  Each  carrier  files  tariffs  under  I.  C.  C.  numbers,  which  are  pre- 
sumed to  be  used  consecutively.  Occasionally  a tariff  or  supplement  is  re- 
ceived which  does  not  bear  I.  C.  C.  number  next  in  numerical  order  to  that 
borne  by  the  last  one  filed.  This  is  sometimes  occasioned  by  the  missing 
number  having  been  assigned  to  a tariff  that  is  in  course  of  preparation. 
Request  is  made  that  in  so  far  as  is  possible  carriers  will  file  tariffs  and 
supplements  in  consecutive  numerical  order  of  I.  C.  C.  numbers.  If  from 
any  cause  this  is  not  done  in  any  instance,  the  tariff  or  supplement  that  is 
filed  with  an  I.  C.  C.  number  that  is  not  consecutive  with  the  last  number 


38 


ELVIN  S.  KETCHUM 


filed  must  be  accompanied  by  a memorandum  explaining  as  to  the  missing 
number  or  numbers. 

( i ) Common  carriers  and  agents  are  directed,  in  filing  schedules  in  com- 
pliance with  the  statute,  to  transmit  two  (2)  copies  of  each  tariff,  supple- 
ment, classification,  or  other  schedule  of  rates  or  regulations,  for  the  use  of 
the  Commission,  both  copies  to  be  included  in  one  package  and  under  one 
letter  of  transmittal. 

Tariffs  sent  for  filing  must  be  addressed  “Interstate  Commerce  Commis- 
sion, Bureau  of  Tariffs,  Washington,  D.  C.” 

15.  (a)  Fast  freight  line  billing  or  instruction  books  which  are,  by 

reference,  made  part  of  carrier’s  tariffs,  are  in  effect  tariffs.  The  following 
method  of  publication  and  filing  of  such  books  and  of  concurring  therein  may 
be  followed : 

The  interested  carriers  may  arrange  for  a carrier  of  their  number  to 
execute  power  of  attorney  Form  FX1,  appointing  an  agent  with  authority 
to  issue  the  billing  or  instruction  book  in  the  name,  place,  and  stead  of  the 
carrier  giving  the  power  of  attorney.  The  publication  must  show  on  its 
title-page  that  it  is  issued  by  the  person  designated  in  the  capacity  of  agent 
for  the  carrier  that  gives  him  power  of  attorney. 

It  will  be  sufficient  for  each  of  the  other  initial  carriers  that  uses  the 
billing  or  instruction  book  in  connection  with  its  tariffs  to  give  concurrence 
in  that  book,  running  to  the  carrier  that  issues  the  book,  on  Form  FX2  or 
FX5 ; and  for  all  carriers  that  participate  in  the  publication  as  intermediate 
or  terminal  carriers  to  each  give  general  concurrence  FX3  or  FX4  in  the 
tariffs  issued  by  the  carrier  granting  power  of  attorney,  or  its  agent. 

Concurrences  Form  FX3  will,  without  modification,  include  the  billing 
or  instruction  books  issued  by  a carrier  to  which  such  concurrence  has  been 
given,  or  by  its  agent  under  power  of  attorney,  but  if  such  publication  names 
or  affects  rates  from  the  stations  on  line  of  concurring  carrier  concurrence 
FX2,  FX4,  or  FX5  must  be  used. 

(6)  A tariff  may  contain  rates  to  base  points  which  must  be  con- 
curred in  by  intermediate  and  terminal  carriers  over  the  lines  of  which  the 
rates  apply  to  such  base  points,  and  when  the  issuing  carrier  is  a party  under 
proper  form  of  concurrence  or  power  of  attorney  in  a billing  or  instruction 
book,  such  tariff  may  provide  for  the  application  of  rates  to  points  as  specified 
in  the  billing  or  instruction  book  by  specific  provision  in  the  tariff,  and 
reference  to  the  I.  C.  C.  number  of  the  billing  or  instruction  book.  It  is  not 
necessary  that  such  tariff  should  specify  names  and  concurrence  forms  and 
numbers  of  the  intermediate  and  terminal  carriers  which  are  shown  as 
participating  carriers  in  the  billing  or  instruction  books.  The  billing  or  in- 
struction book  is  made  a part  of  the  tariff  by  specific  reference,  and  the 
carriers  concurring  in  the  billing  or  instruction  book  are  thereby  made 


CLASSIFICATIONS  AND  TARIFFS  39 

lawful  participants  in  the  application  of  the  rates  named  in  the  tariff  to  the 
points  on  concurring  carrier’s  line,  as  authorized  in  the  billing  or  instruc- 
tion book. 

16.  (a)  A carrier  may  grant  to  a joint  agent  authority  to  publish  and 
file  for  it  classification  and  supplements  thereto  and  exceptions  to  the  class- 
ification; or,  such  exceptions  may  be  published  by  the  carrier  in  its  own 
issues,  either  as  parts  of  individual  tariffs  or  in  a publication  that  is  given 
an  I.  C.  C.  number,  that  is  filed  and  posted  as  required,  and  that  is  devoted 
to  such  exceptions.  Such  exceptions  and  changes  therein  may  be  made 
only  on  statutory  notice  or  under  special  permission  for  shorter  time. 

In  so  far  as  is  reasonably  practicable  exceptions  should  be  included  in  the 
tariff, which  they  affect. 

A joint  agent  to  whom  carriers  have  extended  authority  under  power  of 
attorney  to  publish  and  file  classification  and  supplements  thereto  must  issue 
them  under  his  own  I.  C.  C.  numbers,  must  show  in  the  classification  a list  of 
the  carriers  for  which  he  acts  under  power  of  attorney,  giving  as  to  each 
the  FX1  number  of  such  authority,  and  must  file  the  classification  and  supple- 
ments thereto  on  behalf  of  all  of  the  carriers  that  have  so  authorized  him 
to  act  for  them ; and  such  carriers  will  not  file  the  classification  or  supple- 
ments thereto  for  themselves.  The  provisions  of  the  law  as  to  statutory 
notice  must  be  observed  in  the  issuance  of  supplements  or  reissue  of  the 
classification. 

In  showing  the  list  of  participating  carriers  in  supplement  the  rule  pre- 
scribed in  Buie  9 will  be  followed. 

(6)  If  a carrier  fails  to  authorize  an  agent  to  file  the  classification  for 
it  and  undertakes  to  file  it  for  itself,  it  is  bound  by  the  terms  of  the  law  as 
to  notice  of  change  and  date  of  filing,  both  as  to  the  classification  and  eaqh 
supplement  thereto. 

(c)  In  giving  power  of  attorney  for  this  purpose  the  form  shown  in 
Rule  18  may  be  modified  by  striking  out  from  line  6 the  word  “tariffs,”  and, 
if  desired  from  line  7 the  words  “and  exception  sheets.” 

If  a carrier  has  given  another  carrier  concurrence  FX4,  under  which  it 
concurs  in  classification  which  that  other  carrier  or  its  agent  may  make 
and  file,  the  carrier  to  which  that  concurrence  is  given  may  exercise  the 
authority  by  its  lawfully  appointed  agent,  and  the  carrier  which  gave  the 
authority  be  shown  in  the  publication  as  participant  under  the  form  and 
number  of  its  concurrence. 

17.  (a)  It  will  be  permissible  for  an  agent  and  attorney  for  certain 
lines  to  join  with  another  agent  and  attorney  for  lines  in  another  territory 
in  the  issuance  of  tariffs,  naming  joint  through  rates  from  points  in  one 
territory  to  points  in  the  other,  or  “between”  points  in  the  territories  repre- 


40 


ELYIN  S.  KETCHUM 


sented  by  such  agents.  In  doing  this  each  of  such  agents  acts  for  the  lines 
that  have  given  him  power  of  attorney  FX1  and  for  the  lines  that  have 
given  proper  concurrences  to  the  carriers  that  have  given  him  such  power 
of  attorney;  and  for  such  lines  only. 

Such  publication  will  bear  I.  C.  C.  numbers,  under  the  serial  of  each  of 
the  agents,  and  each  of  the  agents  will  file  the  publication  and  each  and 
every  supplement  thereto  for  and  on  behalf  of  the  roads  for  which  he  is 
attorney  and  agent  and  those  that  are  participants  under  concurrences  to 
the  roads  for  which  he  is  agent  and  attorney,  just  as  if  it  were  his  individual 
publication  on  behalf  of  those  carriers  alone.  Each  of  such  agents  will  be 
held  to  strict  conformity  to  the  law  and  the  tariff  regulations  regarding  the 
construction  of  the  tariff  and  notices  of  changes  therein,  and  in  filing  the 
tariff  and  each  and  every  supplement  thereto. 

( b ) Under  this  arrangement  each  agent  acts  only  for  the  carriers  that 
he  has  due  authority  to  act  for.  The  principals  of  each  are  bound  by  the 
acts  of  their  attorney  and  agent,  and  as  each  will  file  the  tariff  under  his 
own  I.  C.  C.  number  and  for  the  roads  which  he  lawfully  represents,  the 
cross  exchange  of  concurrences  between  all  of  the  different  roads  represented 
on  the  one  hand  by  one  agent  and  on  the  other  hand  by  the  other  agent 
will  not  be  necessary  as  to  that  tariff. 

(c)  Such  publication  will  show  lists  of  participating  carriers  in  the  fol- 
lowing manner : First,  a list  of  the  carriers  from  which  one  of  the  agents 
has  power  of  attorney  FX1,  showing  as  to  each  the  FX1  number  of  such 
authority.  Second,  a list  of  the  carriers  that  participate  under  concurrences 
to  the  lines  for  which  that  agent  is  agent  and  attorney,  showing  the  form  and 
number  of  each  concurrence.  Third,  a list  of  the  carriers  for  which  the  other 
agent  is  agent  and  attorney,  with  the  FX1  number  of  his  authority  as  to 
each.  Fourth,  a list  of  the  carriers  that  participate  under  concurrences  to 
the  lines  for  which  that  agent  is  agent  and  attorney,  showing  the  form  and 
number  of  each  concurrence. 

Each  of  these  four  subdivisions  of  the  participating  carriers  will  be  in- 
dicated by  plain  headlines,  as,  for  instance,  “Lines  for  which is  agent 

and  attorney,”  “Participating  lines  under  concurrences  to  carriers  for  which 

is  agent  and  attorney,”  and  like  notices  for  the  other  agent’s  lists 

of  principals  and  concurring  lines. 

In  order  to  avoid  confusion  and  complications  under  this  plan,  it  is 
essential  that  the  agents  adopting  it  shall  perfect  their  understandings  and 
that  there  shall  be  no  omission  or  neglect  on  part  of  either  about  filing  under 
lawful  notice  any  tariff  so  issued  or  any  supplement  thereto. 

18.  The  following  form,  on  paper  8 by  10 y2  inches  in  size,  will  be  used 
in  giving  authority  to  an  agent  to  file  for  the  carrier  giving  the  authority 
tariffs  and  supplements  thereto.  Such  authority  must  not  be  given  to  an 


CLASSIFICATIONS  AND  TARIFFS 


41 


association  or  bureau,  and  it  may  not  contain  authority  to  delegate  to  another 
power  thereby  conferred. 

This  form  may  be  modified  so  as  to  confer  the  authority  desired  by 
omitting  the  words  "(1)  for  it  alone,  and  (2),”  or  by  omitting  the  words 
“and  (2)  for  it  jointly  with  other  carriers.” 

If  two  or  more  carriers  execute  this  form  containing  the  words  “for  it 
jointly  with  other  carriers”  in  favor  of  a joint  agent  it  will  not  be  necessary 
for  those  carriers  to  exchange  concurrences  with  each  other  as  to  the  joint 
tariffs  issued  by  that  joint  agent  under  that  authority. 

TO  BE  FILED  WITH  THE  INTERSTATE  COMMERCE  COMMISSION. 


[Name  of  carrier  in  full.] 


Form  FX1 — No.  — . 


[Date] 


Know  all  men  by  these  presents : 

That  the  [name  of  carrier]  has  made,  constituted,  and  appointed,  and  by 
these  presents  does  make,  constitute,  and  appoint  [name  of  person  appointed] 
its  true  and  lawful  attorney  and  agent  for  the  said  company  and  in  its  name, 
place,  and  stead,  (1)  for  it  alone,  and  (2)  for  it  jointly  with  other  carriers, 
to  file  tariffs,  classifications,  and  exception  sheets  and  supplements  thereto, 
as  required  of  common  carriers  by  the  Act  to  regulate  commerce  and  by  regu- 
lations established  by  the  Interstate  Commerce  Commission  thereunder  for 
the  period  of  time  the  traffic  and  the  territory  now  herein  named : 


And  the  said  [name  of  carrier]  does  hereby  give  and  grant  unto  its  said 
attorney  and  agent  full  power  and  authority  to  do  and  perform  all  and 
every  act  and  thing  above  specified  as  fully  to  all  intents  and  purposes  as  if 
the  same  were  done  and  performed  by  the  said  company,  hereby  ratifying  and 
confirming  all  that  its  said  agent  and  attorney  may  lawfully  do  by  virtue 
hereof,  and  assuming  full  responsibility  for  the  acts  and  neglects  of  its 
said  attorney  and  agent  hereunder. 

In  witness  whereof  the  said  company  has  caused  these  presents  to  be 

signed  in  its  name  by  its president  and  to  be  duly  attested  under  its 

corporate  seal  by  its  secretary,  at , in  the  State  of , on  this 

day  of , in  the  year  of  our  Lord  nineteen  hundred  and . 

The  [name  of  carrier], 

Attest : By , 


» 

Secretary . 
[corporate  seal.] 


Its President . 


42 


ELVIN  S.  KETCHUM 


Carrier  issuing  this  form  will  file  the  original  with  the  Commission  and 
will  furnish  duplicate  to  the  agent  to  whom  power  of  attorney  i3  given. 
Separate  authorizations  will  be  given  for  freight  and  passenger  tariffs. 

For  concurrence  in  tariffs  issued  and  filed  by  another  carrier  or  its  agent 
forms  prescribed  in  Rules  19  to  25,  inclusive,  will  be  used.  Concurrences 
must  be  given  to  carriers  named  therein  and  authority  so  granted  to  a carrier 
may  be  by  it  delegated  to  its  lawfully  appointed  agent. 

All  concurrences  must  be  on  paper  8 by  10 y2  inches  in  size. 

Separate  concurrences  will  be  given  for  freight  and  passenger  tariffs. 

Note. — Experience  has  demonstrated  that  it  is  simpler  and  better  to 
use  concurrence  than  power  of  attorney  in  giving  authority  to  a carrier  to 
publish  and  file  another  carrier’s  rates.  Provision  for  giving  power  of 
attorney  to  another  carrier  has,  therefore,  been  eliminated  except  for  the  pur- 
pose of  granting  authority  to  give  and  receive  concurrences  as  provided  in 
Rule  26. 

This  does  not  invalidate  or  change  the  terms  or  effect  of  any  power  of 
attorney  now  on  file. 

19.  The  following  form  will  be  used  in  giving  concurrence  in  a tariff 
that  is  issued  and  filed  by  another  carrier  or  its  agent  and  to  which  the  carrier 
giving  concurrence  is  a party.  If  given  to  continue  until  revoked,  it  will 
serve  as  continuing  concurrence  in  the  tariff  described  in  the  concurrence  and 
all  supplements  to  and  reissues  thereof.  If  provision  for  concurrence  to 
continue  until  revoked  is  striken  out,  a new  concurrence  will  be  required 
with  each  supplement  or  reissue. 

TO  BE  FILED  WITH  THE  INTERSTATE  COMMERCE  COMMISSION. 

[Name  of  carrier  in  full.] 

General  Freight  Department, 

[Date] . 

Form  FX2 — No. — . 

To  the  Interstate  Commerce  Commission, 

Washington,  D.  C.: 

This  is  to  certify  that  the  [name  of  carrier]  assents  to  and  concurs  in 
the  publication  and  filing  of  the  rate  schedule  described  below,  together  with 
supplements  thereto  and  reissues  thereof  which  the  named  issuing  carrier  or 
its  agent  may  make  and  file,  and  hereby  makes  itself  a party  thereto  and 
bound  thereby,  until  this  authority  is  revoked  by  formal  and  official  notices 
of  revocation  placed  in  the  hands  of  the  Interstate  Commerce  Commission 
and  of  the  carrier  to  which  this  concurrence  is  given. 


CLASSIFICATIONS  AND  TARIFFS 


43 


Title  and  number : [Here  give  exact  description  of  title  of  schedule,  in- 
cluding number  and  name  of  series.] 

Date  of  issue:  . 

Date  effective: . 

Issued  by 
[Official.] 

[Company.] 

[Name  of  carrier.] 

By  [Name  of  officer.] 

[Title  of  officer.] 

The  original  of  this  form  will  be  filed  with  the  Commission  by  the  carrier 
or  agent  who  files  the  tariff  and  will  accompany  the  tariff. 

20.  Concurrence  may  be  given  by  any  carrier  to  embrace  all  tariffs  issued 
by  another  carrier  or  its  agent  in  which  the  concurring  carrier  is  shown  as  a 
paticipating  intermediate  or  delivering  line,  after  the  following  form : 

TO  BE  FILED  WITH  THE  INTERSTATE  COMMERCE  COMMISSION. 

[Name  of  carrier  in  full.] 

General  Freight  Department, 

[Date] . 

Form  FX3 — No.  — . 

To  the  Interstate  Commerce  Commission, 

Washington,  D . C. : 

This  is  to  certify  that  the  [name  of  carrier]  assents  to  and  concurs  in 
the  publication  and  filing  of  any  freight-rate  schedule  or  supplement  thereto 
which  the  [name  of  carrier]  or  its  agent  may  make  and  file,  in  which  it  is 
shown  as  a participating  carrier,  and  hereby  makes  itself  a party  to  and 
bound  thereby  in  so  far  as  such  schedule  contains  rates  applying  via  its 
line  and  to,  but  not  from,  points  thereon,  until  this  authority  is  revoked  by 
formal  and  official  notices  of  revocation  placed  in  the  hands  of  the  Interstate 
Commerce  Commission  and  of  the  carrier  to  which  this  concurrence  is  given. 

[Name  of  carrier.] 

By  [Name  of  officer.] 

[Title  of  officer.] 

Carrier  issuing  this  form  will  file  the  original  with  the  Commission  and 
will  furnish  duplicate  to  the  carrier  to  which  concurrence  is  given.  This 
form  must  not  be  qualified  in  any  way  except  to  show  what  agents  have  been 
given  power  of  attorney  and  to  provide  that  tariffs  shall  not  be  issued  under 
the  concurrence  covering  traffic  provided  for  in  tariffs  issued  by  such 
agents. 


44 


ELVIN  S.  KETCHUM 


21.  Concurrence  may  be  given  by  a carrier  in  tariffs  issued  by  anothe 
carrier  or  its  agents  applying  rates  to  or  from  its  points  or  via  its  lines,  o « 
certain  described  traffic  or  between  certain  described  points  or  territories 
after  the  following  form,  modified  as  may  be  necessary  to  confer  exactl  i 
the  authority  intended  to  be  granted.  For  granting  authority  to  publis'j 
and  file  rates  to  and  from  and  via  its  lines,  and  not  otherwise  qualified  I 
carrier  will  use  concurrence  form  FX5  or  FX7,  as  per  Rules  22  and  24 : 

TO  BE  FILED  WITH  THE  INTERSTATE  COMMERCE  COMMISSION. 

[Name  of  carrier  in  full.] 

General  Freight  Department, 

[Date] . 

Form  FX4 — No.  — . 

To  the  Interstate  Commerce  Commission, 

Washington,  D.  C.  : 

This  is  to  certify  that  the  [name  of  carrier]  assents  to  and  concurs  ijjj 
the  publication  and  filing  of  any  freight-rate  schedule  or  supplement  theretfl 
which  the  [name  of  carrier]  or  its  agent  may  make  and  file  and  in  whic'  * 
this  company  is  shown  as  a participating  carrier,  and  hereby  makes  itsel 
a party  to  and  bound  thereby  in  so  far  as  such  schedule  contains  rate 

applying  upon ; or  between and ; or  from t 

• ; or  via ; until  this  authority  is  revoked  by  formal  and  official  ] 

notices  of  revocation  placed  in  the  hands  of  the  Interstate  Commerce  Com ) 
mission  and  of  the  carrier  to  which  this  concurrence  is  given. 

[Name  of  carrier.] 

By  [Name  of  officer.] 

[Title  of  officer.] 

Carrier  issuing  this  form  will  file  the  original  with  the  Commission  am 
will  furnish  duplicate  to  the  carrier  to  which  concurrence  is  given. 

22.  Concurrence  may  be  given  by  a carrier  in  tariffs  issued  by  anothe 
carrier  or  its  agent  applying  rates  to  and  from  its  points  and  via  its  line 
and  after  the  following  form : 

to  be  filed  with  the  interstate  commerce  commission. 

[Name  of  carrier  in  full.] 

General  Freight  Department, 

[Date] . 

Form  FX5 — No.  — . 

To  the  Interstate  Commerce  Commission, 

Washington,  D.  C. : 

This  is  to  certify  that  the  [name  of  carrier]  assents  to  and  concurs  in  th< 
publication  and  filing  of  any  freight-rate  schedule  or  supplement  theret  j 


CLASSIFICATIONS  AND  TARIFFS 


rtiich  the  [name  of  carrier]  or  its  agent  may  make  and  file,  and  in  which 
his  company  is  shown  as  a participating  carrier,  and  hereby  makes  itself 
i party  to  and  bound  thereby  in  so  far  as  such  schedule  contains  rates  apply- 
ng  to  and  from  stations  on  its  lines,  and  via  its  lines,  until  this  authority 
s revoked  by  formal  and  official  notices  of  revocation  placed  in  the  hands 
f the  Interstate  Commerce  Commission  and  of  the  carrier  to  which  this 
oncurrence  is  given. 

[Name  of  carrier.] 

By  [Name  of  officer.] 

[Title  of  officer.] 

Carrier  issuing  this  form  will  file  the  original  with  the  Commission  and 
ill  furnish  duplicate  to  the  carrier  to  which  concurrence  is  given.  This 
>rm  must  not  be  qualified  in  any  way,  unless  to  show  what  agents  have 
Jen  given  powers  of  attorney  and  to  provide  that  tariffs  shall  not  be  issued 
ader  the  concurrence  covering  traffic  provided  for  in  tariffs  issued  by  such 
jents. 

23.  If  two  or  more  carriers  appoint  the  same  person  as  agent  for  the 
lblication  and  filing  of  tariffs  and  supplements  thereto  under  powers  of 
torney  form  FX1,  concurrence  in  tariffs  issued  by  him  under  such  au~ 
onty  may  be  in  the  following  form : 


TO  BE  FILED  WITH  THE  INTERSTATE  COMMERCE  COMMISSION. 
[Name  of  carrier  in  full.] 

General  Freight  Department, 
[Date] 

>rm  FX6— No.  — . 


► the  Interstate  Commerce  Commission, 

| Washington,  D.  C. : 

This  is  to  certify  that  the  [name  of  carrier]  assents  to  and  concurs  in 
i ! publication  and  filing  of  any  freight-rate  schedule  or  supplement  thereto 
’uch  the  [here  give  list  of  all  roads  for  which  the  agent  has  powers  of 
s omey],  or  either  or  any  of  them,  may  make  and  file  through  their  agent 
si  attorney  [name  of  agent],  and  in  which  it  is  shown  as  a participating 
' ner,  and  hereby  makes  itself  a party  to  and  bound  thereby  in  so  far  as 
s h schedule  contains  rates  applying  via  its  line,  and  to  but  not  from  points 
. reon,  until  this  authority  is  revoked  by  formal  and  official  notices  of 
location  placed  in  the  hands  of  the  Interstate  Commerce  Commission  and 
y he  carrier  to  which  this  concurrence  is  given,  or  of  its  agent  and  attorney 
2m  named.  J 


[Name  of  carrier.] 

By  [Name  of  officer.] 

[Title  of  officer.] 


46 


ELVIN  S.  KETCHUM 


Carrier  issuing  this  form  will  file  the  original  with  the  Commission  and 
will  furnish  duplicate  to  each  of  the  carriers  named  m the  concurrence,  or 
if  each  of  those  carriers  has  given  said  agent  power  of  attorney  to  recem 
for  it  concurrences,  original  will  be  filed  with  the  Commission  and  on 
duplicate  may  be  filed  with  such  agent  instead  of  furnishing  duplicates  t< 
each  and  every  carrier  represented  by  him. 

34  If  two  or  more  carriers  appoint  the  same  person  as  agent  for  to, 
publication  and  filing  of  tariffs  and  supplements  thereto  under  powers  o 
attorney  form  FX1,  concurrence  in  tariffs  issued  by  him  under  such  au 
thority  may  be  in  the  following  form : 

TO  BE  FILED  WITH  THE  INTERSTATE  COMMERCE  COMMISSION. 

[Name  of  carrier  in  full.] 

General  Freight  Department, 
[Date] 

Form  FX7— No.  — . 

To  the  Interstate  Commerce  Commission, 

Washington , D.  C.: 


This  is  to  certify  that  the  [name  of  carrier]  assents  to  and  concurs 
the  publication  and  filing  of  any  freight-rate  schedule  or  supplement  there 
which  the  [here  give  list  of  all  roads  for  which  the  agent  has  powers 
attorney],  or  either  or  any  of  them  may  make  and  file  through  their  age 
and  attorney  [name  of  agent],  and  in  which  it  is  shown  as  a PartlclPatl 

carrier,  and  hereby  makes  itself  a party  to  and  bound  thereby  in  «o, 

as  such  schedule  contains  rates  applying  via  its  line,  and  to  and  from  poi 
thereon,  until  this  authority  is  revoked  by  fornal  and  official  notices 
revocation  placed  in  the  hands  of  the  Interstate  Commerce  Commission  ai 
of  the  carrier  to  which  this  concurrence  is  given,  or  of  its  agents  and  attorn. 

herein  named.  [Name  of  carrier.] 

By  [Name  of  officer.] 

[Title  of  officer.] 

Carrier  issuing  this  form  will  file  the  original  with  the  Commission  all 
will  furnish  duplicate  to  each  of  the  carriers  named  in  the  concurrence, j,j 
if  each  of  those  carriers  has  given  said  agent  power  of  attorney  to  recei 
for  it  concurrences,  original  will  be  filed  with  the  Commission  and 
duplicate  may  be  filed  with  such  agent  instead  of  furnishing  duplicates 
each  and  every  carrier  represented  by  him. 

25  If  two  or  more  carriers  appoint  the  same  person  as  agent  for 
publication  and  filing  of  tariffs  and  supplements  thereto  under  powers 
attorney  form  FX1,  concurrence  in  tariffs  issued  by  him  under  such  authory 


CLASSIFICATIONS  AND  TARIFFS 


47 


applying  to  or  from  certain  points  or  territory  may  be  issued  in  the  following 
form,  modified  as  may  be  necessary  to  confer  exactly  the  authority  intended 
to  be  granted; 

TO  BE  FILED  WITH  THE  INTERSTATE  COMMERCE  COMMISSION. 

[Name  of  carrier  in  full.] 

General  Freight  Department, 

[Date] . 

Form  FX8 — No.  — . 

To  the  Interstate  Commerce  Commission, 

'Washington,  D.  C. : 

This  i6  to  certify  that  the  [name  of  carrier]  assents  to  and  concurs  in  the 
publication  and  filing  of  any  freight-rate  schedule  or  supplement  thereto 
which  the  [here  give  list  of  all  roads  for  which  the  agent  has  powers  of 
attorney],  or  either  or  any  of  them,  may  make  and  file  through  their  agent 
and  attorney  [name  of  agent],  and  in  which  it  is  shown  as  a participating 
carrier,  and  hereby  makes  itself  a party  to  and  bound  thereby  in  so  far 

as  such  schedule  contains  rates  applying  upon ; or  between 

and ; or  from to ; or  from to  points  on  or 

reached  via  its  line;  or  from  points  on  or  via  its  line  to until  this 

authority  is  revoked  by  formal  and  official  notice  of  revocation  placed  in  the 
hands  of  the  Interstate  Commerce  Commission  and  of  the  carriers  to  which 
this  concurrence  is  given,  or  of  their  agent  and  attorney  herein  named. 

[Name  of  carrier.] 

By  [Name  of  officer.] 

[Title  of  officer.] 

Carrier  issuing  this  form  will  file  the  original  with  the  Commission  and 
will  furnish  duplicate  to  each  of  the  carriers  named  in  the  concurrence,  or, 
if  each  of  those  carriers  has  given  said  agent  power  of  attorney  to  receive 
for  it  concurrences,  original  will  be  filed  with  the  Commission  and  one 
duplicate  may  be  filed  with  such  agent  instead  of  furnishing  duplicate  to 
each  and  every  carrier  represented  by  him. 

Note. — Concurrence,  form  FX2,  applies  to  individual  publication  named 
therein.  Concurrence,  form  FX3  or  FX6,  confers  authority  to  publish  and 
file  rates  to,  but  not  from,  points  on  line  of  concurring  carrier,  and  via  its 
lines.  Concurrence,  form  FX5  or  FX7,  confers  authority  to  publish  and 
file  rates  to  and  from  points  on  line  of  concurring  carriers,  and  via  its  lines. 
Forms  FX3,  FX5,  FX6,  and  FX7  are  not  to  be  modified  except  as  specified 
in  the  Rules.  The  use  of  these  several  forms  as  provided  will,  therefore,  show 
by  the  form  number  just  what  authority  has  been  given,  except  when  form 
FX4  or  FX8  is  used,  these  forms  being  provided  for  instances  which  the 


48 


ELVIN  S.  KETCHUM 


other  forms  do  not  exactly  fit.  The  Commission  does  not  require  the  sub- 
stitution of  concurrence  form  FX5  for  form  FX4,  now  on  file,  which  covers 
only  the  authority  provided  for  in  the  new  form  FX5,  but  will  welcome  such 
substitution.  For  all  new  concurrences  forms  will  be  used  as  specified  in 
the  several  Rules,  and  FX4  or  FX8  only  when  neither  of  the  other  forms 
provides  for  the  authority  it  is  desired  to  confer. 

26.  (a)  Each  carrier  will  give  authorizations  and  concurrences  serial 
numbers,  beginning  with  No.  1 in  each  series,  as  indicated  by  forms,  and 
continuing  in  consecutive  numbers  as  to  each  series,  and  keeping  these 
numbers  separate  and  apart  from  the  I.  C.  C.  numbers  of  tariffs. 

(6)  A concurrence  may  be  revoked  by  filing  notice  of  such  revocation 
with  the  Commission  and  serving  same  upon  the  carrier  to  which  such  con- 
currence was  given.  Such  notice  must  specify  the  date  upon  which  revoca- 
tion is  to  be  made  effective,  and  must  give  at  least  sixty  days’  notice  to  the 
Commission  and  to  the  carrier  to  which  concurrence  was  given.  Correspond- 
ing revision  of  tariff  or  tariffs  shall  be  made  in  the  next  supplement  to  or 
reissue  thereof,  and  if  necessary,  supplement  or  reissue  shall  be  made  for 
the  sole  purpose  of  making  such  change  lawfully  effective  on  statutory  notice 
upon  the  effective  date  stated  in  the  notice  of  revocation. 

( c ) Subsidiary  or  small  lines  which  do  not  wish  to  issue  concurrences 
or  tariffs  may  give  to  the  parent  or  other  line  power  of  attorney  to  concur 
in  tariffs,  and  also  general  concurrence  FX4  or  FX5,  to  file  tariffs,  and  the 
carrier  holding  such  authority  and  concurrence  may  give,  and  also  receive, 
concurrences  for  itself  and  the  lines  for  which  it  acts  in  one  instrument. 
Such  subsidiary  or  small  lines  must,  however,  be  named  in  concurrences  so 
given.  In  giving  power  of  attorney  to  concur  in  tariffs,  form  FX1  will  be 
modified  by  striking  out  from  line  six  the  word  “file”  and  substituting  the 
following  therefor : “to  give  and  receive  concurrences  in.” 

( d ) In  giving  concurrences  care  must  be  taken  to  avoid  probability  of 
two  or  more  agents  or  carriers  naming  conflicting  rates  or  rules. 

(e)  The  granting  of  authority  to  issue  tariffs  under  power  of  attorney, 
or  concurrence,  does  not  relieve  the  carrier  conferring  the  authority  from  the 
necessity  of  complying  with  the  law  with  regard  to  posting  tariffs.  It  is 
proper  to  use  tariffs  issued  under  its  authority  for  that  purpose. 

27.  All  tariffs  that  are  filed  with  the  Commission  will  be  accompanied 
by  a letter  of  transmittal,  on  paper  8 by  lO1/^  inches  in  size,  and  to  the 
following  effect : 

[Name  of  carrier  in  full.] 

General  Freight  Department, 

[Date] . 


CLASSIFICATIONS  AND  TARIFFS 


49 


Advice  No. . 

To  the  Interstate  Commerce  Commission, 

Washington , D.  C. : 

Accompanying  schedule  is  sent  you  for  filing,  in  compliance  with  the  re- 
quirements of  the  Act  to  regulate  commerce,  issued  by , and 

bearing 

I.  C.  C.  No.  — , 

Supp.  No.  — , to  I.  C.  C.  No.  — . 

Effective , 19 — ; 

and  is  concurred  in  by  all  carriers  named  therein  as  participants,  under 
continuing  concurrences  or  authorizations  now  on  file  with  the  Interstate 
Commerce  Commission,  except  the  following-named  carriers,  whose  concur- 
rences are  attached  hereto : 


[Signature  of  filing  agent.] 

A separate  letter  may  accompany  each  schedule,  or  the  form  may  be 
modified  to  provide  for  filing  under  one  letter  as  many  schedules  as  can  con- 
veniently be  entered. 

Note. — If  receipt  for  accompanying  schedule  is  desired  the  letter  of 
transmittal  must  be  sent  in  duplicate,  and  one  copy  will  be  stamped  and 
returned  as  receipt. 


50 


ELVIN  S.  KETCHUM 


QUIZ  QUESTIONS 

1.  What  factors  controlled  the  establishment  of  the  new 
steel  mills  at  Gary,  Indiana? 

2.  What  conditions  must  be  taken  into  consideration  in 
adjusting  rates  in  a given  section  of  country? 

3.  Explain  the  reasons  why  it  is  difficult  to  determine 
a classification  for  all  goods  which  will  not  result  in  dis- 
crimination. 

4.  Discuss  the  method,  which  has  been  found  best  by  ex- 
perience, of  fixing  the  rates  by  classification. 

5.  How  does  “car-load  lot”  classification  often  make  a 
discrimination  against  the  smaller  shipper? 

6.  How  do  the  aims  of  the  Eastern  Classification  Com- 
mittee differ  from  the  others  in  eliminating  discrimination  ? 

7.  Discuss  attempts,  practicability,  and  probable  results 
of  a uniform  classification. 

8.  Define  and  illustrate  class  rates,  also  commodity  rates. 
Why  do  these  two  kinds  of  rates  exist? 

9.  What  is  the  relation  of  the  Interstate  Commerce  Com- 
mission to  making  classifications  for  goods?  Relation  of 
shipper,  also  railroad? 

10.  Discuss  the  intent  of  section  6 of  the  Interstate  Com- 
merce Law.  How  does  this  section  make  the  buyer  of  trans- 
portation responsible  for  the  rates  he  pays? 

11.  Outline  the  main  provisions  of  Section  6.  What 
clause  gives  the  commission  power  to  prescribe  the  form  in 
which  tariffs  shall  be  filed? 

12.  Discuss  how  tariffs  shall  be  printed— as  to  paper, 
size,  title  page  and  Interstate  Commerce  Commission  num- 
bering. 


CLASSIFICATIONS  AND  TARIFFS 


51 


13.  What  provisions  must  be  observed  to  shew  kind  of 
tariffs,  territory  covered,  governing  classification  or  ex- 
ceptions ? 

14.  How  must  tariffs  show  date  effective,  date  of  expira- 
tion, and  validity  when  filed  less  time  than  the  statutory 
notice  ? 

15.  What  is  the  ruling  of  the  Commission  regarding  sup- 
plements to  tariffs  of  various  sizes'? 

16.  Discuss  the  kind  and  order  of  the  information  which 
the  tariffs  must  contain. 

17.  What  provision  must  be  made  in  the  tariff  to  show 
the  rates  on  the  various  commodities  shipped? 

18.  Are  commodity  rates  not  indexed  legal?  How  could 
you  find  commodity  rates  to  destination  points? 

19.  What  are  the  requirements  of  the  Commission  re- 
garding names  of  stations  and  points  in  the  rate  schedules? 

20.  What  specifications  may  be  made  regarding  geo- 
graphical and  territorial  descriptions? 

21.  How  must  lists  of  exceptions,  rules  governing  tariffs, 
explanatory  statements,  substitution  of  rates,  tariffs  relat- 
ing to  other  tariffs,  rate  tables  and  routes  be  specified  in  the 
schedules? 

22.  Discuss  liability  of  shipper  if  carrier  routes  the  goods 
the  most  expensive  way. 

23.  Explain  ruling  on  through  shipment  when  joint  rates 
are  not  in  effect. 

24.  Show  to  what  extent  basing  or  proportional  rates 
must  be  specific.  How  combination  rates  may  be  used  and 
when  lawful. 

25.  What  is  meant  by  “a  combination  rate  a unit  as  of 
date  of  original  shipment”? 


52 


ELVIN  S.  KETCHUM 


26.  Define  “common  point”  and  state  how  “commodity 
rates”  must  be  specific. 

27.  When  are  “commodity  rates”  the  only  legal  rates? 
When  can  “alternative  rates”  be  used? 

28.  Discuss  the  five  conditions  regarding  cancellations 
of  tariffs. 

29.  What  are  the  rulings  as  to  amendments,  supple- 
ments, participating  carriers,  concurrences,  and  power  of 
attorney? 

30.  What  specifications  must  be  contained  in  the  tariffs 
regarding  “terminal  charges,”  “diversion,”  “transit  priv- 
ileges,” “joint  switching  rates,”  “switching  absorptions,” 
and  ‘ ‘ distance  tariffs  ’ ’ ? 

31.  Discuss  the  provisions  regarding  rail-and-water 
tariffs  as  to  restoration,  suspension,  routes,  supplements, 
storage  and  transit  privileges. 

32.  What  rulings  are  indispensable  to  the  proper  filing 
of  the  schedules  by  the  carriers  in  order  that  they  may  be- 
come legal  rates? 

33.  What  are  the  rules  which  apply  to  the  powers  of 
joint  agents,  and  the  main  features  of  the  forms  prescribed 
in  presenting  schedules  for  filing? 

34.  Draw  up  a general  plan  of  a tariff  containing  all  the 
features  required  by  the  commission  for  making  said  tariff 
legal ; also  the  necessary  forms  of  letters  which  must  accom- 
pany said  tariff  in  presenting  it  for  filing  with  the  com- 
mission. 


CLASSIFICATIONS  AND  TARIFFS 


53 


INDEX 


FREIGHT  TARIFFS  AND  CLASSIFICATIONS 
(Abbreviations:  n,  note;  p.  preface.  Italic  letters  indicate  paragraphs] 

Section 

Abbreviations,  explanation  must  be  shown..., 4a 

Absorption  : 

of  carrier,  withdrawal  and  adoption  of  tariffs . ...9» 

switching  or  terminal  road’s  charges 10« 

switching  charges  of  connecting  carrier 10/ 

Acceptance  of  tariff  not  acknowledgment  of  lawfulness .....146 

Address : 

of  issuing  officer  must  be  shown  on  title-page 3i 

to  be  used  in  filing  tariffs  with  Commission 14» 

Adjustment,  maintenance  of  relative,  under  Commission’s  formal  order 14/ 

Adoption  of  tariffs  : 

by  carrier  absorbed  or  transferred  9* 

by  receiver  9; 

Agent : 

authority  to  file  classifications  and  exceptions 16a 

authority  to  file  tariffs  must  be  filed 13a 

authority  may  be  revoked  or  transferred 13a 

failure  of  authorization  to  file  classification 166 

filing  class  rates,  carrier’s  commodity  rates  take  precedence 13 g 

form  of  appointment  18 

issuing  tariff,  title-page  must  show .....3a 

may  not  delegate  authority 18 

must  file  tariffs  under  own  I.  C.  C.  number 13c,  16a 

must  send  copies  of  joint  tariffs  to  all  carriers  parties 13e 

power  of  attorney,  to  file  classification 16c 

power  of,  under  power  of  attorney 86 

tariff,  cancellation  by  principal 86 

tariff  filed  by  more  than  one 17 

tariffs  must  not  conflict  with  carrier’s 13/ 

under  power  of  attorney,  may  cancel  tariff  of  principal 86 

Allowances  to  be  filed  in  separate  tariffs 10a 

All-bail  bates  to  be  used  where  shipment  exceeds  cargo  capacity 126 

All-water  bates  : 

may  be  amended  during  suspension 12(/ 

suspension  and  restoration 12 

Alphabetical  arrangement: 

of  commodity  rates  to  each  destination 4 r 

of  points  in  rate  tables 4 d 

when  used,  table  of  contents  shall  indicate  pages  where  points  are  shown.  Ad 
Alterations  or  erasures  must  not  be  made  before  filing 1 

Alternative  use  : 

distance  tariff  under  proper  provision 10? 

of  class  and  commodity  rates 76 


54  ELVIN  S.  KETCHUM 

Ambiguous  terms  to  be  avoided .4i 

Amendment  : 

a change  in  or  addition  to  tariff. 9a 

item  must  be  printed  in  supplement  in  its  entirety 9a 

to  loose-leaf  tariff  9e 

to  suspended  rail-and-water  tariff . 12e 

Analogous  abticles,  commodity  rates  not  to  be  applied  to 6b 

Appointment,  agent,  form  of  18 

Abbitraries  to  be  filed  in  separate  tariffs 10a 

Association,  can  not  be  given  authority  under  FX1 18 

Back  haul,  to  or  from  point  directly  intermediate  to  base  point 5b 

Bases  : 

if  tariff  arranged  by,  index  must  show  proper  basis  or  basis  number 4 d 

Basing  points: 

combination  on,  to  or  from  point  directly  intermediate 5b 

rates  to,  must  be  concurred  in  by  intermediate  and  terminal  roads 15b 

in  absence  of  specific  rate,  tariff  may  specify  basing  points  for  combination. . 5b 

Basing  tariffs  must  be  specific 5b 

Billing  books: 

of  fast  freight  line  15a 

tariffs  may  refer  to 15b 

Billing  instructions  to  points  off  line  may  be  shown  in  tariff 10b 

Book  form  : 

tariffs  may  be  in  2 

contents  4 

Bureau,  can  not  be  given  authority  under  FX1 18 

Cancellation  : 

agent’s  tariff  by  principal,  when  permissible 8b 

by  issuance  of  similar  tariff,  not  by  supplement .8e 

concurrence  does  not  confer  authority  to  cancel  tariff  of  concurring  carrier.. 8c 

must  be  by  issuing  carrier 8c 

must  be  shown  on  supplement . 9c 

notice  must  be  by  supplement , ...  .Sd 

notice  to  specify  where  rates  thereafter  found Se 

of  tariff  also  cancels  supplements 8c 

shall  be  stated  when  conflicting  with  part  of  another  tariff Sa 

shall  be  shown  on  title-page  with  I.  C.  C.  number  of  new  tariff 3b 

Carrier  : 

or  agent  issuing  tariff  shall  be  shown  on  title-page 3a 

supplement  to  contain  list  participating 9b 

surrendering  control  no  right  to  abandon  tariffs  except  on  lawful  notice 9 i 

Cab-service  allowances  and  charges  in  separate  tariffs ...10a 

Change  in  rate.  Bee  Notice  of  changes. 

Change  of  ownership,  adoption  of  old  tariffs 9* 

Circulars  announcing  compliance  with  order  of  court 14<7 

Class,  when  tariff  is,  it  must  be  shown  on  title-page 3d 

Class  bates: 

apply  when  articles  not  specified  in  index  of  commodities 4c 

filed  by  agent,  carrier’s  commodity  rates  take  precedence 13^ 

rule  for  alternative  use  of 7c,  d 


CLASSIFICATIONS  AND  TARIFFS  55 

Classification  : 

failure  to  authorize  agent  to  file 16b 

governing  tariff,  form  of  reference  on  title-page 3e 

issuance  by  joint  agent 16a 

power  of  attorney  to  joint  agent  to  file 16c 

rule  to  be  incorporated  regarding  commodity  rates 7e 

tariff  not  governed  by,  except  when  and  to  extent  stated 3e 

Combination  bate: 

lowest,  via  route  forwarded,  must  govern  when  no  specific  rate  and  no 

combination  prescribed  5c 

tariff  may  specify  basing  points  or  factors 5b 

to  or  from  point  directly  intermediate  to  base  point 5b 

unit  as  of  date  of  original  shipment 5c 

where  no  joint  rate,  may  be  used 5a 

Commodities: 

between  same  points,  tariff  must  contain  all  rates 4c 

must  be  grouped  in  tariffs 4c 

not  more  than  ten,  may  be  named  on  title-page 4c 

index  to  be  shown  in  tariffs 4c 

Commodity  item  containing  list  of  articles  taking  same  rate,  indexed  but  once.  .4c 
Commodity  bates: 

alphabetical  arrangement  to  each  destination 4c 

carrier’s,  take  precedence  over  agent’s  class  rates 13^ 

must  be  specific  6b 

named  in  other  tariffs,  index  shall  show 4c 

naming  of,  takes  articles  out  of  classification 7a 

not  indexed,  not  lawful  4c 

not  to  be  applied  to  analogous  articles 6b 

only  legal  rate  7 a 

rule  in  tariff  for  alternative  use 7b,  c,  d 

when  tariff  contains,  title-page  must  show 3 d 

CONCUBRENCES  : 

accompanying  tariff  19 

application  of  various  forms  n25 

conflicting  authority,  care  must  be  taken  to  avoid 26 d 

carrier  receiving  may  act  through  its  agent 16c 

consolidated,  use  of  13b 

cross-exchange  not  necessary  in  joint  agent’s  tariff 17b,  18 

do  not  confer  authority  to  cancel  tariffs  of  concurring  carrier 8c 

do  not  relieve  concurring  carrier  from  posting 26e 

form  and  number  must  be  shown  in  joint  tariff 4b 

forms  of.  See  Forms. 

must  be  filed  13a 

must  not  conflict  26 d 

of  old  carrier  must  be  replaced  by  new  carrier 9J 

of  subsidiary  lines  in  tariffs  of  parent  lines 26c 

revocation  of  .26b 

separate  for  freight  and  passenger  tariffs .18 

serial  numbers  must  be  shown  26a 

size  of  18 

tariffs  issued  -jnder,  filed  for  all  concurring 13d 


56 


ELVIN  S.  KETCHUM 


Conflicting  tariffs  : 

cancellation  in  part  8a 

carrier’s  tariffs  must  not  conflict  with  agent’s .13/ 

Connecting  carrier’s  switching  charges  absorbed 10/ 

Connecting  lines  must  publish  additional  terminal  charges lOd 

Consolidated  concurrences,  use  of 136 

Contents  of  book  and  pamphlet  form  tariffs 4 

Copies  of  joint  tariffs  must  be  sent  to  carriers  parties 13c 

Court  orders,  circulars  announcing  compliance  with 14(7 

Date  effective  must  be  shown  on  title-page 3/ 

Date  of  issue  must  be  shown  on  title-page 3/ 

Date  of  original  shipment,  combination  rate  unit 5c 

Description  of  commodities  to  be  grouped 4c 

Delivering  line  may  demand  full  local  on  misroutecl  shipment 4; 

Demurrage  charges  to  be  filed  in  separate  tariff 10a 

Distance,  official  list  of  points  and  distances 10 h 

Distance  tariff  : 

alternative  use  under  proper  provision 10# 

may  be  used  when  no  other  rates  provided .10(7 

Diversion  charges  to  be  filed  in  separate  tariffs 10a 

Divisions,  though  not  agreed  upon,  shipper  not  to  pay  overcharge 4; 

Division  sheets,  lists  of,  may  appear  in  index  of  tariffs 11 

Effective  date: 

must  be  shown  on  title-page 3/ 

none  to  be  shown  on  index  of  tariffs 11 

Elevation  allowances  and  charges  to  be  filed  in  separate  tariffs 10a 

Erasures  may  not  be  made  in  tariff  before  filing 1 

Exceptions  : 

to  classification  not  referred  to  on  title-page  must  be  shown 4/ 

to  classification  should,  when  practicable,  be  included  in  tariff  they  affect.  .16a 

to  geographical  description  not  to  exceed  certain  amount * 4 d 

Exception  sheet: 

: governing  tariff,  must  be  shown  by  name  and  number  on  title-page 3c 

tariff  not  governed  except  when  and  to  extent  stated 3c 

Expiration  notice: 

undesirable  3/ 

form  to  be  used  3/ 

not  guaranty  that  tariff  will  remain  effective 3/ 

Explanatory  statements,  if  necessary,  must  be  given 4(7 

Explosives,  tariff  must  contain  notation  of  compliance  with  Commission’s 

regulations  4 h 

Fast-freight  line  billing  or  instruction  books 15a 

tariffs  may  refer  to - 156 

Filing  tariffs  : 

no  account  taken  of  time  lost  in  transmission 14 d 

not  acknowledgment  of  lawfulness  146 

• two  copies  must  be  filed  14* 

Forms  : 

adoption  by  new  carrier  of  tariffs  of  old 9; 

adoption  by  receiver  of  carrier’s  tariffs 9; 

FX1  (appointment  of  agent)  18 


CLASSIFICATIONS  AND  TARIFFS  57 

FX2  (specific  tariff)  19 

FX3  (to  and  via,  but  not  from)  ; 20 

FX4  (limited  form)  21 

FX5  (to  and  from,  and  via)  22 

FX6  (consolidated — to  and  via,  but  not  from) 23 

FX7  (consolidated — to  and  from,  and  via) 24 

FX8  (consolidated — limited  form)  25 

letter  of  transmittal  27 

Formal  cases,  rates  made  in  accordance  with  orders  in 14/ 

Future  rates,  reference  to,  when  tariff  is  canceled He 

Gauge  books  of  tank  lines  may  be  used 10* 

Geographical  description  of  application  of  tariff 4 d 

Great  Lakes,  suspension  and  restoration  of  rates 12 

Gross  ton,  tariff  must  specify  what  constitutes 4* 

Groups  : 

if. tariff  arranged  by,  index  must  show  group  number  or  refer  to  list 4 d 

table  of  contents  shall  give  pages  on  which  rates  in  each  group  will  be 

found  4 d 

Group  descriptions  may  be  used 4 d 

Hectograph  reproduction  of  tariffs,  not  to  be  used .1 

Icing  allowances  and  charges  to  be  in  separate  tariffs 10a 

“In”  local  or  proportional  not  affected  by  “out”  rate  non-effective  on  date  of 

shipment  5c 

Index  : 

to  individual  or  joint  tariffs — 

commodities  to  be  shown  4c 

commodity,  not  indexed,  not  lawful  rate 4c 

of  points  to  and  from  which  rates  apply 4 d 

to  points  not  necessary  when  alphabetically  arranged 4 d 

supplements  exceeding  five  pages  to  be  indexed 9# 

of  effective  tariffs — 

arrangement  of  11 

change  by  supplement  or  reissue 11 

may  include  passenger  and  freight  and  show  both  I.  C.  C.  numbers  ...nil 

need  not  include  supplements  or  specific  circus  movements 11 

no  effective  date 11 

notation  on  title-page 11 

Initial  carrier  publishing  rate  must  also  show  privileges 10a 

Injunction  of  court,  circular  announcing  attitude  of  carriers lAg 

Instruction  books  of  fast-freight  lines 15a 

tariffs  may  refer  to  156 

Intermediate  line  may  demand  full  local  on  misrouted  shipment 4; 

I.  C.  C.  numbers  : 

agent  must  file  under  his  own 13c,  16a 

classification  or  exception  governing,  must  be  shown  on  title-page 3c 

explanation  of  missing  numbers  146 

none  to  be  given  circulars  announcing  attitude  on  injunction 14 g 

separate  for  freight  and  passenger  tariffs 36 

shall  be  shown  on  title-page 36 

title-page  of  new,  must  show  number  of  canceled  tariff 36 

Intrastate  switching  or  terminal  road  must  file  tariff 10n 


58 


ELVIN  S.  KETCHUM 


ISSUING  CARRIER: 

files  joint  tariff  for  all  parties  thereto 13d 

name  to  be  shown  on  title-page 3 a 

Issuing  officer,  name,  title,  and  address  on  title-page 3i 

Joint  agent: 

authority  must  be  filed  13b 

issuance  of  classification  16a 

issuing  joint  tariffs  17a 

issuing  under  power  of  attorney,  must  show  names  of  carriers 4 b 

must  file  under  his  own  I.  C.  C.  number 13c,  16a 

power  of  attorney  to  file  classification .16c 

Joint  commodity  tariff,  must  contain  all  initial  carrier’s  through  commodity 

rates  via  same  route 4c 

Joint  rate  : 

definition  p 

with  switching  road  10b 

where  none,  combination  may  be  used 5a 

Joint  tariffs  : 

are  made  up  of  joint  rates p 

copies  to  all  parties . 13e 

issued  by  joint  agents 17a 

when  such,  tariff  must  so  show  on  title-page 3c 

Kind  of  tariff,  title-page  must  show 3c,  d 

Legal  rate: 

combination,  if  used,  must  be  as  of  date  of  shipment 5c 

through  rate,  if  applicable,  must  be  as  of  date  of  shipment 10a 

Letter  of  transmittal,  form  of  27 

Liability,  filing  tariff  does  not  relieve  carrier 14b 

List  of  tariffs:  11 

Local  rate,  “in”  not  affected  by  “out”  rate  non-effective  on  date  of  shipment.  .5c 
Local  tariff  : 

must  be  filed 13b 

must  contain  all  commodity  rates  between  points  named 4c 

when  such,  must  be  shown  on  title-page 3c 

Long  ton,  tariff  must  specify  what  constitutes 4* 

Loose-leaf  plan  may  be  used  2 

Loose-leaf  tariff,  changes  only  by  reprint  of  pages 9e 

Mail  for  Commission,  time  lost  in  transmission  not  counted 14 d 

Maintenance  of  relative  adjustment,  under  Commission’s  order 14/ 

Merger,  tariffs  to  show  9i 

Minimum  weights  must  be  specifically  stated 4* 

Miscellaneous  schedules  in  index  of  tariffs 11 

Misrouting  : 

shipper  not  to  pay  higher  charge,  though  divisions  not  agreed  upon 4; 

intermediate  line  may  demand  full  local 4; 

Mixed  shipments,  rates  for  7 a 

Name: 

change  of,  withdrawal,  and  adoption  of  tariffs 9» 

of  issuing  carrier  and  officer,  or  agent,  must  be  shown  on  title-page 3a,  * 


CLASSIFICATIONS  AND  TARIFFS 


59 


Notice  of  changes  : 

adoption  of  tariffs  of  old,  by  new  carrier 9; 

carrier  not  party  to  Commission’s  order,  must  secure  special  permission 

for  short  notice 14/ 

delay  in  transmission,  no  account  taken  of 14 d 

expiration  notice  no  guaranty  of  maintenance  of  rate 3/ 

form  of  notation  of  special  permission  on  title-page 3 g 

index  of  effective  tariffs,  none  required 11 

maintenance  of  relative  adjustment  under  formal  order 14/ 

new  points  on  old  lines,  full  notice  required 10// 

old  points,  elimination  of,  full  notice  required 10 b 

rail -and- water  rates,  suspension  and  restoration 3//,  12 

rail-and- water  rates,  via  other  than  Great  Lakes 12c 

special  permission  under  formal  order,  form  of  notation 14/ 

statutory,  required  regardless  of  changes  effected 14c 

tariff  may  be  changed,  by  special  permission,  on  less  than  thirty  days 3/ 

tariff  not  yet  effective 9 b 

telegraphic,  no  consideration  given  14d 

title-page  must  show  full  notice,  or  short-notice  authority 3 g,  14® 

Off-line  points,  billing  instructions  may  be  shown 10b 

Orders : 

maintenance  of  relative  adjustment  under  Commission’s 14/ 

rates  in  compliance  with  Commission’s ,. 14/ 

Orders  of  courts,  circular  announcing  attitude 14# 

Original  concurrences,  etc.,  to  be  filed  with  Commission 18-25 

“Out”  rate,  not  effective  on  date  of  shipment,  no  effect  on  local  “in”  rate 5c 

Ownership  of  road,  change  of,  withdrawal  and  adoption  of  tariffs 9f 

Pamphlet-form  tariffs  : 

contents  of  4 

tariffs  may  be  in  2 

Participating  carriers: 

name,  form,  and  number  must  be  shown ,4b,  17c 

supplements  must  show  or  refer  to  tariff ..9b 

Party,  carrier  not,  under  Commission’s  order  must  secure  special  permission 

for  short  notice 14/ 

Periodical  tariff,  supplements  to  9/ 

Per  ton,  must  be  explained  in  tariff 4 i 

Planograph  process  may  be  used  for  printing  tariffs 1 

Points  : 

alphabetically  arranged,  no  index  required 4 d 

geographical  or  territorial  descriptions  of 4 d 

if  not  more  than  12,  may  be  shown  on  title-page 4 d 

must  be  briefly  shown  on  title-page 3d 

new,  on  old  lines,  rates  to  or  from  on  statutory  notice 10b 

old,  withdrawal  of  rates  to  or  from,  on  statutory  notice 10b 

Postage,  must  be  prepaid  on  tariffs 14d 

Posting  tariffs: 

duty  of,  not  avoided  by  granting  concurrence  or  authority  to  issue 26e 

regulations  must  be  posted  where  schedule  posted 4b 


60 


ELVIN  S.  KETCHUM 


Power  OF  attorney: 

adoption  by  new  carrier 9; 

authority  of  agent  under  8b,  13o 

form  and  number  must  be  shown 4b 

form  FX1  18 

joint  agent  issuing  under,  name  must  be  shown 4b 

must  be  filed  13b 

not  to  be  given  association  or  bureau . 18 

parent  line  may  give  and  receive  concurrences  thereunder,  in  behalf  of 

subsidiary  line  ...,26c 

to  joint  agent  to  file  classification . 16c 

Prepay  stations,  tariffs  may  be  filed  showing 10b 

Printing  : 

on  hard  calendered  paper  of  good  quality 1 

type  not  less  than  6-point  full  face 1 

Printing-press  process,  may  be  used  for  tariffs 1 

Privileges  : 

granted,  must  be  shown  in  initial  carrier’s  tariffs 10a 

must  be  filed  in  separate  tariffs 10a 

Proof  sheets,  not  to  be  used  for  posting  or  filing 1 

Proportional  rate,  “in”  not  affected  by  non-effective  “out”  rate  on  date  of 

shipment  , ..5c 

Proportionate  tariff  : 

must  be  specific 5b 

when  such,  it  must  be  shown  on  title-page 3c 

Rail- and- water  lines,  Rule  10  also  applies  as  to  storage  and  transit  priv- 
ileges   12  g 

Rail-and- water  bates  : 

exception  to  notice  of  supplements 3b 

suspension  and  restoration  12 

Rate  tables  : 

arrangement  must  be  explicit,  simple,  and  systematic 4 i 

if  alphabetically  arranged,  no  index  of  points 4d 

Receipt  : 

letter  of  transmittal 27 

of  tariff,  not  acknowledgment  of  lawfulness 14b 

Receiver  must  file  notice  of  adoption  of  tariffs,  etc.,  of  carrier . 9/ 

Reconsignment  charges,  in  separate  tariffs . . 10a 

Reduction,  relative  adjustment  under  Commission’s  formal  order,  must 

result  in 14/ 

Reference  marks,  explanation  must  be  given . 4c 

Regulation.  See  Rules. 

Reissue  : 

commission  may  direct  at  any  time p 

suspended  rail-and-water  tariff 12 

Reissued  items  : 

in  supplements  or  tariffs 9 h 

notation  in  tariff .9 <* 


CLASSIFICATIONS  AND  TARIFFS 


61 


Rejected  tariffs  : 

not  conforming  to  regulations p 

not  to  be  referred  to  in  subsequent  tariff  as  canceled 14e 

received  too  late  to  give  thirty  daysr  notice 14 d 

supplements,  when  too  voluminous 9e 

Relative  adjustment,  maintenance,  under  Commission’s  order 14/ 

Reproduction  by  hectograph  not  to  be  used 1 

Restoration  of  rail-and- water  rates 12 

exception  as  to  notice  of  supplements 3 li 

Revised  pages,  changes  in  loose-leaf  tariff 9e 

Revocation  : 

agent’s  authority  on  statutory  notice 13a 

of  concurrences 26b 

Routes : 

may  be  shown  4/ 

tariff  may  provide  for  variance  from 4; 

when  not  shown,  rates  apply  via  all  lines  parties 4/ 

when  tariff  specifies,  none  other  may  be  used 4/ 

Rules  : 

affecting  privileges,  etc.,  to  be  filed  in  separate  tariffs 10a 

affecting  rates,  shall  be  entered,  title  in  bold  type 4 h 

filed,  may  be  referred  to  in  other  schedules  and  posted  with 4 h 

none  authorizing  substitution  of  rates 4 h 

of  one  schedule  may  govern  another 4 h 

Sectional  tariff,  for  alternative  rates 7b 

Serial  numbers  : 

agent  must  file  under  his  own 13c 

concurrences  26a 

may  be  entered  on  title-page 3b 

separate,  for  freight  and  passenger 3 b 

Sheet-form,  tariffs  may  be  in 2 

Short-notice  changes.  See  Notice  of  changes. 

Size: 

powers  of  attorney  and  concurrences 18 

tariffs,  8 by  11  inches 2 

Special  permission.  See  Notice  of  changes. 

State  rates,  for  interstate  shipments,  must  be  filed 13/i 

Stations.  See  Points. 

Statutory  notice.  See  Notice  of  changes. 

Stereotype  may  be  used  for  printing  tariffs 1 

Storage  allowances  and  charges  in  separate  tariffs 10a 

Storage  privileges,  Rule  10  applies  also  to  rail-and-water  lines 12^ 

Subsidiary  line  may  give  power  of  attorney  to  parent  line  to  give  and 

receive  concurrences  26c 

Substituting  rate  in  another  tariff,  no  rule  to  authorize 4 h 

Supplements  : 

amendment  must  always  be  printed  in  its  entirety 9a 

canceled  by  cancellation  of  tariff 8c 

cancellation  by  issuance  of  similar  tariff,  not  by 8c 

cancellation  Notice  must  be  by 8 d 

conflicting  with  part  of  another  tariff  shall  state  cancellations 8a 


62  ELVIN  S.  KETCHUM 

index  of  effective  tariffs  need  not  include 11 

index,  when  necessary  9# 

items  in  same  general  order  as  tariff  it  amends 9a 

loose-leaf  tariffs,  none  to  9e 

none  to  tariff  of  less  than  5 pages 9e 

notice  of,  and  exception  as  to  restoration  and  suspension  of  rail-and- 

water  rates  3 h 

number  permitted  and  amount  they  may  contain 9e 

numbered  consecutively  and  specify  what  is  canceled 9c 

participating  carriers  to  be  shown.. 96 

periodical  tariffs  9/ 

rail-and-water  rates,  suspension  and  restoration 12 

reissued  items  without  change 9 d 

rejected  when  too  voluminous 9c 

restoring  or  suspending  rail-and-water  rates,  not  counted 12 d 

shall  be  numbered  consecutively 9c 

short  notice,  must  bear  notation  on  title-page 3 g 

tariff  filed,  but  not  yet  effective 9 h 

to  agent’s  tariff  filed  at  same  time  carrier’s  tariff  is  filed 8a 

to  carrier’s  tariff  filed  at  same  time  agent’s  tariff  is  filed 86 

to  index  of  effective  tariffs 11 

Suspended  rail-and-water  tariffs  reissued  or  amended 12c 

exception  as  to  notice  of  supplements 3 li 

Switching  allowances  in  separate  tariffs 10a 

Switching  chabges: 

absorption  of  10c 

connecting  carrier,  absorption  of .10/ 

in  separate  tariffs  10a 

must  be  shown  in  connecting  line’s  tariff 10 d 

Switching  road: 

though  intrastate,  must  file  tariff 10c 

joint  rate  with 106 

Table  of  contents  in  book  and  pamphlet  form  tariffs 4 a 

may  be  omitted  when  title-page  discloses  contents 4a 

must  indicate  pages  where  points  are  shown  when  alphabetically  ar- 
ranged   4d 

must  refer  to  pages  on  which  rates  in  each  group  will  be  found 4d 

supplements,  when  necessary  9 g 

Tank-line  gauge  books  may  be  used lOi 

Tariffs  : 

after  September  15,  1909,  must  conform  with  all  rules p 

agent’s  and  carrier’s  must  not  conflict 13/ 

Commission  may  direct  reissue ..p 

delivered  to  Commission  free  of  postage 14 d 

filed  prior  to  May  1,  1907,  recognized p 

filed  prior  to  May  1, 1907,  may  not  be  supplemented  after  October  1, 1909, 

except  as  provided  in  Rule  9e n 9c 

kind  must  be  shown  on  title-page 3c 

loose-leaf  .*■■■» 2 

periodical 9/ 

sectional,  for  alternative  use 76 


CLASSIFICATIONS  AND  TARIFFS 


63 


size  of  2 

subject  to  rejection  p 

table  of  contents 4 a 

thirty  days’  notice  on  every  one 3/,  14c 

two  copies  must  be  filed 14i 

what  they  shall  contain 4 

when  reference  is  made  to  another,  I.  C.  C.  number  and  initials  of 

carrier  or  name  of  agent  must  be  shown 4 h 

Telegraphic  notice,  no  consideration  given  to 14 d 

Terminal  charges  : 

absorption  of  10c 

separate  tariffs  to  be  filed 10a 

must  be  shown  in  connecting  line’s  tariff. . . * lOd 

Terminal  road  : 

joint  rate  with 10b 

must  file  tariffs,  though  intrastate 10c 

Terms,  such  as  “common  points,”  “grain  products,”  or  similar  terms,  limiting 

use  of  6 

Territorial  descriptions  may  be  used 4d 

Territory  from  and  to  which  tariff  applies  must  be  shown  on  title-page 3d 

Through  rate: 

if  applicable,  as  of  date  of  shipment 10a 

state  rates  used  in  combination  must  be  filed 13b 

Title  of  issuing  officer  must  be  shown  on  title-page 3* 

Title-page  : 

commodities  may  be  shown,  if  not  more  than  10 4c 

index  to  effective  tariffs,  what  must  be  shown 11 

notation  of  restoration  or  suspension  of  rail-and- water  rates  to  be  shown. . .12a 

points  may  be  shown,  if  not  more  than  12 4d 

statutory  notice  or  authority  for  less  must  be  shown 3p,  14a 

supplement  to  index  of  effective  tariffs 11 

what  must  be  shown a 3 

Ton,  tariffs  must  specify  what  constitutes 4* 

Traffic,  territorial  description  may  be  used 4d 

Transit  privileges,  Rule  10  applies  to  rail-and- water  lines  also 12 g 

to  be  filed  in  separate  tariffs 10a 

Transmittal  letter,  form  to  be  used .27 

Two  copies  of  tariffs  must  be  filed 14t 

Type,  not  less  than  6-point  full  face  for  tariffs 1 

Typewritten  sheets,  not  to  be  used  for  tariffs 1 

Uniformity,  aim  and  tendency  at  all  times  in  direction  of n 4* 

Unit  : 

combination  rate  as  of  date  of  original  shipment 5c 

of  weight,  in  rate  tables 4* 

through  rate  as  of  date  of  shipment. 10a 

Water  rates,  suspension  and  restoration a 12 

Withdrawal  of  tariffs  on  absorption  of  road 9» 

Writing,  alterations  in  tariffs  must  not  be  made  by 1 


v 


